OCBA - Warranties

Warranties

Regardless of what your contract states, the law implies certain warranties on the part of your building work contractor.
These include:

Your building work must be performed in a proper manner to accepted trade standards and in accordance with the agreed plans and specifications.

The materials supplied by the building work contractor will be good and proper materials.

The building work will be performed in accordance with all statutory requirements.

Unless the contract stipulates a period within which the work must be completed, the work will be performed with reasonable diligence.

If your contract is for the construction of a house, the house will be reasonably fit for human habitation.

If you have made known to your building work contractor the purpose for which the work is required, or the result you want to achieve, demonstrating that you are relying on your contractor's skill and judgement, then your contractor warrants that the work and the materials will be fit for your purposes, or of a nature and quality that can reasonably be expected to achieve that result.

If your building work contractor performs work or provides materials which do not comply with those warranties, then your rights have been infringed.

If you believe this to be the case, first talk to your building work contractor. Many potentially serious disputes can be avoided by good communication between building owner and contractor.

If that does not work, you may need to seek legal advice or independent advice from the Office of Consumer and Business Affairs.

If a term of a domestic building contract is harsh or unconscionable, a party to the contract may apply to the Magistrates Court for relief.

The benefits of the statutory warranty also pass onto the next owner of the house, however there are time limits. The owner of the building has up to five years from the date of completion to lodge an action for a breach of the statutory warranty conditions. So if you are in a protracted dispute with your builder, act promptly to protect your rights.

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