Everything You Need To Know About Construction Defects Litigation

When you purchase a new home, especially when it has just been built for you, it is fair to assume that everything in the property is perfect. Unfortunately, this is not always the case. There are several reasons why defects can occur. It is important that you are aware of any defects and can take the necessary action to rectify them.

Types Of Construction Defects

There are three main types of construction defects, material, design, and workmanship. Design defects are usually picked up during the build and rectified. They can directly affect the integrity of the property.

Material defects are the hardest to rectify as they relate to when poor quality materials have been used and these may not be noticed at the time of building. Workmanship defects are the ones that most people think of first and are when the workman cut corners to save time or money. This can result in aesthetical issues or structural problems.

Steps To Rectify

The first thing you need to do, before you complete the purchase, is hire a reputable building consultant in Sydney to take a look at the building. They will use a variety of tools and equipment to assess any faults.

If any are found they will identify how serious they are and the likely outcome both short and long term.

At this stage, you can approach the builders to state the issues and tell them that they need to rectify the issues. the builders should listen and return to your property to rectify the faults and ensure everything still looks perfect.

Unfortunately, the builders do not always adopt this approach, leaving you to deal with the issue in a different way. 

You should note that time is of the essence in this procedure. You have three months from the time of noticing the defect to request it be rectified. This is the lodgment of the claim. You have seven months to make a claim and the structural defect must be revealed within six months of the property being finished. 

This is why you need the survey done as early as possible. It ensures you can give the builders time to rectify the issue. If this isn’t done you will need to lodge a complaint with the local office of building regs. They will investigate the matter further. But, if this doesn’t resolve the issue properly then you will need to lodge a formal claim.

At this stage, it is best to get lawyers involved. They will handle all the details for you and make sure your claim is dealt with efficiently and properly. All you have to do is sit back and wait while they work out the details for you.

The Aim Of The Game

In most cases, the aim is simply to get the defects sorted so that you can enjoy the property. However, if their conduct gives you cause for concern you may wish to cancel the purchase and choose a different property. Your lawyer can guide you through the best option for your individual case.