Defects Overview

"Introduction of new consumer protection measures The Building Amendment Act 2013 introduced new consumer protection measures which came into force on 1 January 2015.

The implied warranties cover almost all aspects of the building work from compliance with the Building Code, to fitness for purpose and completing work by the agreed date. The implied warranties are part of every residential building contract, whether or not the contract refers to them – the implied warranties also apply even if there is no written contract"

What is a Defect?

A defect can be defined in a number of ways including:

  • anything that does not comply with the Building Code

  • variations from consented drawings that have not been agreed
  • failure to meet specifications agreed in the contract
  • product failure earlier than anticipated
  • failure to achieve acceptable industry levels of quality or performance on items not covered by the first four bullet points 

What constitutes a defect will change over time with fair wear and tear, settlement, weathering, and aging of materials. Therefore, what may be a defect at handover may not constitute a defect after 12 months.

We provide a comprehensive identification method for defects that has been accepted by our clients.

 
 

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