Defective Work

Defective work means the work that has fallen short of a standard it was supposed to meet.

Variations to the builders work can also cause problems. Under the NSW Home Building Act and other Building Acts throughout Australia, any variations need to be approved in writing and signed by both parties before it can become part of the contract.

Time is also important in building contracts as delays commonly arise. When delays occur owners may claim for the builders' slow rate of progress, their failure to complete work specified in the contract, and builders may also claim if owners drag out the construction.

Under the Home Building Act, contractors in NSW are required by law to inform owners of the dispute resolution procedure before entering the contract. If this is not done a financial penalty will apply. The NSW Office of Fair Trading handles the procedure for dispute resolution, it recommends that parties try and solve the problem together and after that the Fair Trading Office will step in.

If the complaint involves defective work, the Fair Trading Office can send an inspector from the Home Building Service to examine the work. If they find any damage or defects, they can issue a Rectification Order. They will then set out the defects that require rectification, the conditions under which the rectification will take place and a time limit for completion. If the Rectification Order is not complied with, or you are unsatisfied with the decision made, you may lodge a building claim with the Consumer, Trader and Tenancy Tribunal (CTTT).

Our expert team can provide you with more information and assistance in a building and construction related matter. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.