Celebrating 22 years in Legal Practice
Stay connected with Navado:

Legal > Consumer Law & Negligence Law

Builders:

Overview FAQs Articles Locations

It is not infrequent for complaints to be made against builders. The rights and liabilities of builders and those who retain them to do work are determined at law as well as various instruments created by authorities involved in the regulation of building work. The licensing requirements for professional builders are outlined by the State Government’s Licensing Service:

Builders and tradespeople in NSW are required to be licensed to conduct building work. These range from residential constructions, alterations, repairs and renovations to more specialist work such as plumbing, gas-fitting, electrical, refrigeration and air-conditioning work. [1]

The Government Licensing Service also refers to the Australian Building Construction Code, which establishes various standards and requirements that apply to the work done by builders and tradesmen in the construction industry. According to the Code’s website,

The National Construction Code (NCC) is an initiative of the Council of Australian Governments (COAG) developed to incorporate all on-site construction requirements into a single code. The NCC comprises the Building Code of Australia (BCA), Volume One and Two; and the Plumbing Code of Australia (PCA), as Volume Three.

[...]

All three volumes are drafted in a performance format allowing a choice of Deemed-to-Satisfy Provisions or flexibility to develop Alternative Solutions based on existing or new innovative building, plumbing and drainage products, systems and designs. [2]

An additional series of publications has also been issued by the Housing Industry Association, and these outline standards and benchmarks for the compliance in different areas of building and construction activity.[3] The publications can be broken down into the following title, which are available to members free and the public at a fee:

  • Guide to Bathroom Planning;
  • Guide to Check Measure;
  • Guide to Martials and Workmanship for Residential Building Work;
  • Guide to Kitchen and Bathroom Construction; and
  • Kitchen Planning.

Because builders are industry professionals, any complaints for negligent or substandard work will need to be considered according to the industry standard such as the Code, or any other similar instrument drafted by the profession’s representative body. In New South Wales, that body is the Master Builders Association. The Association “is chartered with representing and furthering the interests of the building and construction industry.” According to its website,

Master Builders provides representation and services to members and the industry in key areas such as industrial relations, workplace health and safety, legal and contracts, training and government regulation/legislation. [4]

Its mission is to “promote the interest of the building and construction industries and protect the rights of MBA NSW members.” Accordingly, the Master Builders’ Association has a code of ethics according to which the professional standards of the industry are measured. It is here that the benchmarks for professional conduct is set, and if any claims in negligence are made against a builder, these will necessarily need to be considered in the assessment of any breach or any duty of care.

The code is relatively simple, and extends only to one page.[5] However, this is no reason to misconceive the assessment process as a simple one. Many of the principles and concepts that are outlined there are very broad in nature, and these would have to be considered in light of updates  in the relevant case law and any legislative scheme before a legal representative could provide any advice as to the rights and liabilities of a builder or the person making a complaint against him. Two common points which are often referred to in the Code are:

  • Maintain a high standard of work and comply with the plans and specifications in the execution of all works we undertake; and
  • Comply with the prevailing building and construction codes for construction and work towards their improvement in the interests of structural efficiency, safety and health.

There are other principles and concepts involved in the Code and the other standards. Whether you find yourself wanting to sue a builder, or whether you are a builder being sued, it is important to ensure that the evidence on your case is properly assessed in light of the relevant law as applied to the Code.

One of the more common problems that builders may face when a complaint for professional negligence is made in the construction industry, is the impact this will have on their insurance policy. It is not rare for an insurer to claim that negligent conduct voids the policy by way of what is known as an “exclusion”.

This means that the insurer seemingly has a right to deny payment on a policy in light of some event which the insurer claims renders the liability for payment under the policy void. These and similar matters can have a significant impact on the builder’s current business as well as its future viability.

Competent legal advice should always be sought from lawyers who have experience in this field before any action is taken by a litigant or potential litigant in such a professional negligence case.

If you require assistance with a claim in negligence against a builder, you may wish to contact our firm by telelphone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.

[1] “Contractors & Tradespeople” Government Licensing Service, New South Wales (undated) <www.licence.nsw.gov.au> (accessed 11 November 2013)

[2] “About the National Construction Code” Australian Building Construction Code (undated) <www.abcb.gov.au> (accessed 11 November 2013).

[3] “Construction Guides” Housing Industry Association (undated) <hia.com.au> (accessed 11 November 2013).

[4] “About – MBA” Master Builders’ Association (undated) <www.mbansw.asn.au> (accessed 11 November 2013).

[5] Master Builders’ Association Code of Ethics Code of Fair Business Practice (undated) <www.mbansw.asn.au> (accessed 11 November 2013).

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney

Our Locations

  • Consumer Lawyer Sydney
  • Negligence Lawyer Sydney
  • Consumer Lawyer Parramatta
  • Negligence Lawyer Parramatta
  • Consumer Lawyer North Sydney
  • Negligence Lawyer North Sydney
  • Consumer Lawyer Rockdale
  • Negligence Lawyer Rockdale
  • Consumer Lawyer Liverpool
  • Negligence Lawyer Liverpool
  • Consumer Lawyer Gordon
  • Negligence Lawyer Gordon
  • Consumer Lawyer Baulkham Hills
  • Negligence Lawyer Baulkham Hills
  • Consumer Lawyer Campbelltown
  • Negligence Lawyer Campbelltown
  • Consumer Lawyer Bondi Junction
  • Negligence Lawyer Bondi Junction
  • Consumer Lawyer Chatswood
  • Negligence Lawyer Chatswood
  • Consumer Lawyer Miranda
  • Negligence Lawyer Miranda
  • Consumer Lawyer Bella Vista
  • Negligence Lawyer Bella Vista
  • Consumer Lawyer Erina
  • Negligence Lawyer Erina
Quick enquiry
  • Request an appointment
Stay connected
Ask an expert