Experiencing a building defect can be stressful. But with talking to the right people, you can resolve it easily.
We have helped various homeowners like you in resolving their disputes with their builders. Some disputes include wall cracks, waterproofing defects, concrete spalling, wrongly uninstalled tiles, and others.
As a homeowner, the Home Building Act protects your rights to own a house that you deserve.
The act gives the homeowner rights to:
There are dodgy builders that can hinder from turning your house into an investment, so you must know to enforce your rights.
One highlight of the act is that you get to be protected from poor workmanship. Building defects could be considered as a common building dispute, so insurances and warranties could be extremely helpful.
Construction contracts are required to have clauses on statutory warranties.
Usually, builders have a warranty of two years (for non-major defects) to six years (for major defects) after construction. Through this warranty, the builder should fix the defect without any additional costs for the homeowner once proven true.
The law also requires all home building contracts to have insurance under the Home Building Compensation Fund (HBCF).
It also states that without securing a Certificate of Insurance, builders are not allowed to start construction. So that, when a building defect happens, you can get compensated for it through the insurance.
Remember: Before signing the building contract, make sure to review if these two provisions are included. Securing both insurance and warranties can make resolving disputes hassle-free. You are enforcing your rights when doing so.
When enforcing your rights on your building defects, back up your findings with legal proof. A building defects report can validate if a certain part of the house if defective or not.
Done by a licensed building defects inspector, they can check on the alleged defect with the right skills. You will then know if the house is safe to live as well as having legal proof.
Building defects inspectors could be government-appointed or done by private inspectors. It depends on you decide who to get, but construction lawyer could help you connect with an inspector.
Once you have the proof to validate that it is a defect, you would need to talk to the builder. You would need to enforce your rights and agree on the solution to solve the defect. This is where the warranties and insurance can come in handy.
If the builder agrees to fix the defect, then you just need to make sure that they will do it. Else, you can file your issue as a building dispute. A specialist lawyer can help you with the legal process to do it.
They can help you with the legal processes of Fair Trading and NCAT. Since these tribunals are in charge of handling building disputes, you can count on a specialist construction lawyer. They can guide you on the step-by-step process of enforcing your rights as a homeowner.
As your building dispute lawyer, Contracts Specialist can help you in resolving building defects. Whatever defect you have, we can guide you to make good legal decisions with your builder.
We can assist you in creating good contracts, finding building defects inspectors, and in representing you in tribunals. So that, you can get your defects fixed hassle-free.
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.