In relation to building defects, rights of action will often arise from contract law, tort law or through statutory prescribed rights. In cases where a person is seeking to claim against an architect, builder or contractor as a result of building defects, Sydney Construction Lawyers will often thoroughly consider the options available through contract, tort and legislation, prior to commencing any proceedings. Our Construction Lawyers understand that preparation and strategy is the key to successful litigation.
Implied contractual provisions in Australian consumer law generally require that work carried out or materials supplied are fit for their purpose. Such provisions are implied in construction contracts and do not need to be expressly stated in the contract. A breach by a builder or contractor of statutory implied provisions may give rise to damages being awarded.
Furthermore, the Building Code of Australia (BCA) and Australian Standards (AS) set out minimum standards and procedures to which all contractors and builders are held. All work carried out by contractors or builders should comply with both the BCA and AS. A failure to meet the standards set by the BCA or AS may give rise to damages.
Finally, when carrying out building works a builder or tradesman owes you a duty of care to ensure that the works are not only legal but safe in design and free from patent or latent defects. A breach of this duty of care, if it results in injury or loss, can be deemed to be negligence and again this would give rise to compensation for that injury or loss.
Our Construction Lawyers are astutely familiar with the complicated and voluminous body of law governing defective work and negligence. We have successfully represented clients in various Courts and Tribunals and are familiar with the processes, proceedings and requirements surrounding construction litigation. We invite you to contact our office.
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