Strata Dispute Lawyers

Building defects in strata developments can be expensive, time consuming and stressful. And this is the last thing you want as a builder or developer.

Continue ReadingCall Us: 02 9119 2232

Strata Dispute Lawyers

Building defects in strata developments can be expensive, time consuming and stressful. And this is the last thing you want as a builder or developer.

Continue ReadingCall Us: 02 9119 2232
————  01. OVERVIEW

Building defects in strata developments can be expensive, time consuming and stressful. And this is the last thing you want as a builder or developer.

A defect claim can happen during the development stage or after work is complete.

At One Law, we help builders and developers resolve these early on. We’ve found that builders and developers can often defend strata defect claims in one of three ways:

  • The builder isn’t responsible for the defect complained about as it wasn’t part of the scope of work
  • The work in question isn’t defective
  • There’s a time limit on bringing a defect claim, and the Owners Corporation was too late in bringing a claim has on your bottom line.

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    ————  02. INFO

    Information for Builders

    The Home Building Act regulates every residential development in New South Wales. Most relevantly to a strata scheme, the act ensures that both the builder and the developer of the strata lot are liable for up to 6 years for any major defects in the building work.

    A payment claim cannot be made under the SOPA unless there is an available reference date, being a date fixed by the contract, or the legislation, as a date for making payment claims. Unless the contract otherwise provides, only one claim can be made in any named month.

    Once a payment claim has been submitted, the principal (or head contractor) has 10 business days to respond, unless the contract prescribes a shorter period. This response must be in writing and is called a ‘payment schedule’.

    If the principal or head contractor fails to provide a payment schedule, within the required timeframe, it will be liable for the entire amount of the claim. The contractor can t hen recover this amount as a debt in court.

    If the principal issues a payment schedule within time, but the contractor disagrees with the assessment, the claimant can make an ‘adjudication application’.

    There are other acts that regulate strata building and management as well.

    Claims of the sort described above are fundamentally about building defects, damages and liability. These are questions that you want a building law expert to answer.

    If you are a strata manager or a homeowner in a strata lot and you are looking to bring a claim for defective building work in your lot, or if you are a builder, developer or building practitioner facing a claim by a strata scheme, it is important that you get advice from a building law expert.

    ————  03. HOW WE CAN HELP

    We help with all types of defect claims, including:

    • Electrical issues
    • Faulty or damaged window installation
    • Fire safety issues
    • Flooring problems
    • Foundation and structural damage
    • Insulation materials and cladding
    • Plumbing faults
    • Poor roofing materials
    • Ventilation issues
    • Wall cracks
    • Waterproofing issues
    • Weak foundations
    • Electrical issues
    • Faulty or damaged window installation
    • Fire safety issues
    • Flooring problems
    • Foundation and structural damage
    • Insulation materials and cladding
    • Plumbing faults
    • Poor roofing materials
    • Ventilation issues
    • Wall cracks
    • Waterproofing issues
    • Weak foundations
    ————  04. RECENT WINS

    Success Stories

    $2.2m

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    $900k

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    See All Results

    Subcontractor ordered to pay liquidated damages to head builder due to delay in completing works

    Growthbuilt is a building company who had entered into 4 contracts with various developers for…

    Builder awarded damages against homeowner after homeowner directed the builder to stop works

    A builder entered into a standard form contract with a homeowner to build a granny…

    Contractor wins restitution order against family members for extensive renovation work without written contract

    A contractor, who was the former brother-in-law of the Defendant, carried out major renovations on…

    ———— 05. FAQ

    Frequently Asked Questions

    What’s the difference between a major and minor defect?

    A major defect is a building defect to a major element that causes (or is likely to cause) either:

    (d) The inability to occupy or use the building (or part of it) for its intended purpose

    (e) The destruction of the building, or part of it, or

    (f) A threat of collapse of the building, or part of it

    A minor defect are smaller defects that can affect how a building looks or functions. But minor defects don’t compromise the integrity of the building structure.

    How long after practical completion can a homeowner make a defect claim?

    Under the Home Building Act 1989 (NSW), owners have:

    • Two years to make a claim for compensation against a builder for minor defects
    • Six years to make a claim against a builder for major defects

    What is Practical Completion?

    Practical Completion is when the builder completes the work outlined in the contract. This is except for any omissions or defects that don’t prevent a homeowner from using the home or renovations.

    I’m a builder and a homeowner has made a claim against me. Can I defend it?

    This is where one of our building and construction lawyers comes in to help builders.

    We’ve found that there are many occasions where builders can defend defect claims. The defence tends to fall under one of the following categories:

    1. The builder is not responsible for the defect as it wasn’t part of the Scope of Work

    2. The builder doesn’t believe the work is defective, or

    3. The homer brought the claim out of time.

    If you’re a builder who needs help defending a claim by a homeowner, contact us for an obligation-free chat.

    Do we need to go to Court?

    Not at all. In fact, we work hard to get you an early settlement so that Court proceedings aren’t necessary. This means less stress for you. And it keeps your legal costs and the impact on your profitability to a minimum.

    ————  06. WHAT OUR CLIENTS SAY

    Our reputation for support, and our dedication to your success is the reason we continue to grow

    I would like to thank the team at One Law for all their help and support. It is very much appreciated. You have been fantastic to deal with from the beginning and have worked hard to help us get a great result. We would highly recommend you to others...

    Michael S.

    Marina Azer, was my lawyer at One Law. She was very efficient, professional, swift, and honest. She won my case and I was very happy with the outcome.

    I would highly recommend her.

    Danny Corleon

    I was very impressed with their commitment and desire to provide me with the best outcome at court. Their experience and knowledge was reflected in my overall outcome and I will always be grateful for their hard work. A very big thank you to James, Janine and the team.

    Katie Kramer
    ————  07. OUR TEAM

    Your Business & Commercial Law Specialists

    At One Law, we understand that every case is different, and we take the time to get to know your situation. We are your local lawyers with access to resources in all states, so you know your case is in good hands no matter where you are in Australia. Meet our Business and Commercial Law Specialists

    James Saba

    Director

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    Angelo Margiotta

    Lawyer

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    Sina Shokouhi

    Lawyer

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    Geetha Sanderan

    Managing Associate

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    Cynthia El Mokdsi

    Lawyer

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    Mariah Jammal

    Paralegal

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    Violet Saba

    Paralegal

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    Christiana Alavanos

    Legal Assistant

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    ————  08. WHAT ELSE WE DO

    Building and Construction Law Services

    Building Contract Disputes

    Advice, negotiation and resolution of building
    contract disputes

    Read More

    Building and Defect Disputes

    Advice, negotiation and resolution of
    building disputes

    Read More

    Do you need a Business or Commercial Lawyer?

    Call us on our free advice line or leave your details and we’ll call you.

    Contact UsCall Us: 02 9119 2232