Resolving building defects would require you to talk to your builder again or seek the advice of a lawyer. Here’s how you can deal with building defects.
Building Defects are errors in the planning and execution phase of a building project. These can be in the form of any building mistakes that you can find in your house such as:
Identifying these building defects would need another visit to the respective people who did the construction work.
The main person you should approach regarding your building defects is your builder. They are responsible for constructing your house so they can be the first person that you can run to.
But, builders are not the only one responsible for your defects. If the mistake was done during the construction, approach your contractor. For design errors, go to either your architect or engineer. But, you can always review your home building contract just to be sure on who to approach.
Nevertheless, the defects are under the liability of the person responsible with the defect. They are required to fix these defects for free as part of their statutory warranties within the set warranty period.
Per the Home Building Act, the time period of this warranty would depend if it’s a structural defect or not. This could range within two to six years since the house’s construction.
To check if which type of defect is present in your house, you can do the following:
Identifying the defect can guide you on your next steps in dealing with it. If they don’t fix it, then you can ask your builder to compensate you right. It is a way to help you in getting them to work on it or get your insurance money back. To guide you better, consult a home building dispute lawyer.
To get things fixed, here are the things that you can do when experiencing a building defect:
You should first let the builder know that they have done defective work on your house. With this, you can review the contract together and have an agreement on your next steps to fix the defect.
If you can’t come up with an agreement, then you can seek assistance from Fair Trading. They can serve as a mediator and assist you on your dispute. They can also assign a building defects inspector on your dispute.
For either transparency, legal, or safety reasons, a building defects inspector can help you. They are qualified professionals who can check which type of defect is present in your house. They would also know whether the house is safe to live in or which building defects are present there.
If you have come into terms with your builder but they don’t comply with your agreement, consult a construction lawyer. They can help you in getting your builder to become accountable for the defects they did. Also, they can help in connecting you to a building defects inspector or even when representing you in a tribunal.
Contracts Specialist can give you legal assistance on your home building disputes such as building defects. With 10+ years of dealing with building disputes, you are sure to get expert legal advice on your situation.
We can help in every legal step, from reviewing your home building contract to the initial talks with your builder. Or when the need arises, help you in the processes of Fair Trading and NCAT. So, you can make sure that you get to enforce your rights as a homeowner with the Home Building Act.
Call now to start your first legal consultation with us.
Contracts Specialist is a Sydney-based construction law firm that deals with Building Disputes, Construction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.