Defective Building Work and Contract Disputes

What is defective Building Work?

Defective building work is variously defined by building and consumer legislation. This legislation protects you as a consumer for the supply and sale of goods and services and home building work. You do not neccessarily need to have a contract to lodge a complaint and legislated warranties pass to subsequent new owners, usually for a period of 6 years from Practical Completion.

• a breach of any of the builder’s implied warranties
• failure to build the home in accordance with the contract or
• a failure to maintain the standard or quality of work specified in the contract

Builders and tradespeople must honour implied and stated warranties. It is a requirement of legislation that builders:

• carry out the work in a proper and workmanlike manner, in accordance with the plans and specifications set out in the contract
• ensure all materials supplied are good and suitable for the purpose and are new, unless otherwise stated in the contract
• carry out the work in accordance with all laws and legal requirements
• carry out the work with reasonable care and skill and complete works by the date (or within the period) specified by the contract
• ensure new homes, extensions, renovations, repairs and kit homes (or similar) are suitable for occupation when completed
• ensure other types of work and the material used are reasonably fit for the intended purpose.

Should any item be identified within an SHS Building Consultants report as defective, a breach of the building legislation is implied.

How can SHS Building Inspection Services help?

We can provide you with a detailed expert witness report complete with photographic supplement written in the preferred format for consideration at court or the Building Commission or SAT which outlines:

• what the defect is
• why it is considered defective
• what is required to rectify the defect

The report will reference Australian Standards, Building Code requirements and Manufacturer Installation requirements

Who can make a Complaint?

A complaint under the Building Services (Complaint Resolution and Administration) Act 2011 can be made by any person who is adversely affected by the carrying out of regulated building services.

How can I make a Complaint?

Step 1 : Consider first contacting your builder or tradesman and let him know that you are not completely happy. Hopefully the work will be rectified and this may be the end of the dispute.

Step 2 : Contact SHS Building Inspectors for a building defect report which specifies the defect(s) with reference to acceptable standards and Building Code requirements. Show a copy to your builder or tradesman. This may end the dispute if your builder or tradesman agrees to rectify the work based on the information in  the SHS Building Defect Report.

Step 3: Together with your SHS Building Defect Report, complete the Notice of proposed complaint (www.commerce.wa.gov.au/building-commission) and provide it to the party against who the complaint is going to be made at least 14 days before submitting a formal complaint to the Building Commissioner.

Step 4: If a satisfactory response to your notice of proposed complaint is not received, complete the Building complaint form (www.commerce.wa.gov.au/building-commission) and lodge it with the Building Commission together with copies of relevant documents and the complaint fee.

When preparing your complaint form and expert witness report,  detailed information  is required to enable proper investigation of the complaint. Where these details are not provided the builders obligations to perform the building work to a certain standard may not be fully documented and referenced, the defective work may not be appropriately identified and the Building Commissioner may refuse to accept a complaint if not accompanied by an expert witness report.

.