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SHELLHARBOUR(02) 4295 8400
Expertise
Home Building Disputes

Building a home is one of the biggest investments of your life. The process can be lengthy and complex.

Our team of building and construction lawyers hold experience in preparing, negotiating and providing advice on numerous forms of home building contracts, from generic home building contracts prepared by associations such as the Housing Industry Association (HIA), Master Builders Association through to any custom-made contract.

During the advisory process, our team emphasises a specific focus on appropriate form and enforceability of contract terms, from the perspective of both the Homeowner and/or Builder.

Most importantly, our team will work with you to ensure you understand your rights and legal obligations from the outset and until the end of the construction process.

Home Building Disputes

If a dispute relating to residential building works arises during or after the construction process, our team are experienced in providing direct and timely advice to both Homeowners and Builders about either party’s rights and obligations under the Home Building Act 1989 (NSW) (HB Act).

Often timing is critical when enforcing your rights or defending your obligations under the HB Act. In these circumstances, you can rely on our team to efficiently provide advice on the following:

  1. What is a defect?
  2. Has there been a breach of a statutory warranty under the HB Act?
  3. Does the breach amount to a major defect or minor defect?
  4. How does the characterisation of a defect as either major or minor affect either party’s entitlement to relief?
  5. Has there been a failure to mitigate loss which will affect Homeowner’s entitlement to relief?
  6. Are there any defences available [to the Builder] under the HB Act?

If a dispute is unable to be resolved without the intervention of a Court or Tribunal, our team regularly provide advice and act on behalf of both Homeowners and Builders (from sole traders to project home Builders), during all stages of the litigation process.

This includes during alternative dispute resolution processes such as mediation and conciliation through to appearing in all jurisdictions including the NSW Civil and Administrative Tribunal (NCAT), Local Court, District Court and Supreme Court.

Need advice? Reach out and get in touch with our team today.

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