Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm

What To Know About Defects Liability Period

The building defects liability period shouldn’t be ignored by every homeowner. This is even one of the most important aspects in the building process. Let’s get to know more about this process and understand why it’s important.

TABLE OF CONTENTS:

What is Defects Liability Period?

This period starts right after the completion of the building project. The quality of the work is inspected and assessed in this period to see if there are defects and further improvements. Defects liability period usually starts upon reaching practical completion.

Practical Completion

This means that the contract works are complete and is now ready for a formal building defects inspection. Hence, the commencement of the defects liability period.

Substantial Completion

This means that the contractor/builder has completed the sufficient work to claim the agreed contract milestone sum.

How does Defects Liability Period work?

As mentioned earlier, this is the period where the finished residential building is assessed and inspected. Commonly, the defects liability period is from 12 to 24 months. But it still depends on the kind of building project that was done. For a residential building, the period can be shorter as opposed to large commercial buildings which can take a longer defects liability period.

Building Defects Inspection

A building defects inspector is hired to check the residential building if there are any defects or any other work that needs to be repaired and improved. Its findings, assessment, and recommendations are all documented in a building defects report.

Building Defects Report

It is the detailed documentation of the result of the building defects inspection. This can be the basis of the homeowner whether the contractor or the builder has done his job well or if any agreement on the contract was breached.

  • Structural Defects
  • Non-Structural Defects
  • Concrete Spalling
  • External Wall Tiling Defects
  • Water Leaks

Why is Defects Liability Period important?

1. It ensures the fitness of the residential building to serve its purpose.

Of course, any homeowner wouldn’t want an unstable and defective place to stay in. Hence, the defects liability period is the time to fix anything that needs to be fixed, polish anything that needs to be polished. This includes considering how safe the place is to live in by the homeowners.

2. This period gives the principal the right to damages if any defect is found.

Defects can be considered as breach of contract. So if these defects are found within the agreed defects liability period, the principal has the right to damages. But surely, this must still be consulted with a building lawyer to confirm if that defect really qualifies as contract breach.

3. This period can also be the time to know if the builders and contractor had done their job well.

This is pretty much the same as assessing whether they had committed a breach or not. It is after the residential building is done when the works are truly judged and how skillful the builders are measured. The less defects, the more that the house was built with quality.

How can Construction Lawyers help with Defects Liability Period?

Legal Advice

If building defects are found and you wanna be certain that you have the right to damages, seek the advice of a legal expert. It is better that you take action with the proper steps guided by a builder lawyer to make sure that you don’t get yourself in trouble.

Creating a building defects report under solicitor instruction can also help the report to be court-ready especially if there is potential legal dispute. Important details in the report may be incorporated by the building lawyer to make sure that there is evidence for whatever claim you’ll have in your case.

Debt Recovery Lawyer - John Dela Cruz Photo | Contracts Specialist

Contracts Specialist is a Sydney-based law firm specialising in building and construction. We can give expert advice on all aspects of building and construction. With our vast knowledge and experience, you can be confident that you’re in good hands.

Our principal lawyer, John Dela Cruz, deals with Building Disputes, Construction Contracts, and Security of Payments day in and day out. Bringing over 10 years of experience, you are definitely ensured that you are taking the right path in your legal situation. So if you need legal advice with your building defects, call Contracts Specialist now.