Building Defects
Finding out your home or investment has building defects is an unfortunate but common occurrence with new buildings in Victoria with water leaks from balconies and roofs being the most prolific complaint. No one purchases a property with the expectation that they may have to pursue the builder to have the defect rectified.
As owner of the common property in strata titled buildings, the Owners Corporation is the entity responsible for and required to:
Investigate and engage building consultants to building defect complaints; and
Decide on whether to rectify an identified defect itself or pursue the builder to do the rectification works itself.
Building defect claims are often expensive to pursue and require methodical preparation of evidence and pursuit of the builder. Equally it is always important for the Owners Corporation to understand whether it is commercially worth pursuing litigation. At Pelham Strata Lawyers, we advise the Owners Corporation from start to finish on:
What expert consultants need to be engaged for the particular defect who will advise on what is the defect, why it is a defect, how the Owners Corporation can rectify the defect and at what cost;
Whether the Owners Corporation can or should pursue the builder or other potential wrongdoers;
How to inform and obtain approval from all owners in the building for any necessary legal action; and
What should the Owners Corporation and its owner expect when conducting litigation.
With a trusted advisor from Pelham Strata Lawyers, you will be well-informed and ready to decide on how to resolve your building defects claim.
