Building Defects
Building Defects are errors in a building project's planning and execution phase. These can be in the form of any building mistakes that you can find in your house such as:
-Wall Cracks
-Concrete Spalling
-External Wall Tiling Defects
-Water Leaks
Who is Responsible for Building Defects?
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 you can run to.
The defects are under the liability of the person responsible for the defect. They must 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 from two to six years after the house’s construction.
Identifying Building Defects in Homes
To check if which type of defect is present in your house, you can do the following:
  • Check out the construction site
  • Check if the materials used in construction are defective
  • Check if the construction is not being used as intended
  • Let a building expert identify the defect

Identifying the defect can help you plan your next steps. To guide you better, consult a home building dispute lawyer.
Dealing with Construction Defects
To get things fixed, here are the things that you can do when experiencing a building defect:
  1. Talk again to your builder or contractor
You should first let the builder know they have done defective work on your house. You can review the contract together and have an agreement on your next steps to fix the defect.
  1. Go to Fair Trading

If you and the builder don’t reach an agreement, then you can seek assistance from Fair Trading. They can serve as a mediator and assist you in your dispute. They can also assign a building defects inspector to examine your property.
  1. Let a builder expert conduct building defects inspections

For transparency, legal, or safety reasons, it would be a good idea to get a building defects inspector to 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.
  1. Consult a construction lawyer

If you have come to an agreement with your builder, but they don’t comply, 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, and they can adequately represent you in a tribunal.

Home Building Disputes and Defects Consultation
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 Fair Trading and NCAT.
Call now to start your first legal consultation with us.