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Defective Building Works

Watson and Watson strata lawyers can help you resolve disputes over defective building works, such as those that result from faulty workmanship or the use of inappropriate materials.

When you purchase strata title property, whether off a plan or already built, you expect the building work to be of a professional standard, and the correct materials to be used for the intended purpose.

Defective building works might include:

• Leaking roofs or windows
• Cracked paint, resulting from the wrong adhesive being used
• Cracks in walls
• Gaps in paving
• Poor drainage
• Incomplete work

In NSW the statutory warranty period for building work is 7 years. Within this time, the builder or tradesman responsible for the defective work is generally required to fix the problem. If they refuse, there are legal avenues you can pursue. For example, you can sue the builder for breaching their contract.

Individual strata title owners, or the Owners Corporation, can pursue action to remedy defective building work. The Owners Corporation will have building insurance to cover all buildings in the Strata Scheme, which includes structural walls and common property fixtures and fittings. In certain circumstances this insurance may cover the cost of fixing the defective work, such as when the builder who initially completed the shoddy work cannot be located.

Watson and Watson Strata lawyers can help you pursue your legal rights and advise you on the best and most cost-effective course of action. We can assist you to understand the terms of the building contract, guide you through the Department of Fair Trading’s claims procedure, or represent you in Court.

Please note that our provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. Telephone discussions should not be construed as legal advice and are not to be relied upon. Legal advice which you can rely on can only be properly provided by us to you at or following an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. If you wish to arrange a conference, please contact us.

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Watson & Watson are always available to provide expert legal advice and answer any questions you may have.