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We are experienced in representing clients in both commercial and residential disputes. We expeditiously prosecute and defend our client’s interests in a range of jurisdictions including the Supreme Court of NSW, Court of Appeal of NSW, Federal Court of Australia, Federal Circuit Court of Australia, District Court of NSW, Local Court of NSW and the NSW Civil and Administrative Tribunal.

Are you a homeowner or a contractor who is unable to resolve a home building dispute? You can make a complaint to the NSW Fair Trading, NSW Civil and Administrative Tribunal (NCAT), or litigate if the building work is defective and not up to a reasonable standard.

On the one hand, it can be a frustrating experience for the builder if their hard work and efforts are not paid for by the home owner.

A lot of time and energy can be wasted trying to chase up the debt owed by the home owner when they refuse to pay, or only partially pay for your work. It is also emotionally draining because you feel like your effort has not been appreciated or rewarded with what it deserves.

On the other hand, it can be equally traumatising for a home owner if the builder hired has damaged the house or provided work that is of a very poor quality. Sadly, these days it is common for the work performed to not be as expected or advertised.

Under the section 18B of the Home Building Act 1989 (NSW), there are statutory warranties by a holder of a contractor licence or a person required to hold a contractor licence, irrespective of whether they are included in a written contract and is in every contract of residential building work.

The warranty applies to the following:

  1. That work will be done with due care and skill and in accordance with the specifications set out in the contract;
  2. All materials supplied and used, and in accordance with the contract;
  3. Applies with Home Building Act 1989 (NSW) and any other law; and
  4. Work will be done with due diligence and within the time stipulated in the contract or if not stated in the contract within a reasonable time

For further information, please contact Steve McAuley on (02) 9633 1826 or reception@mcauleylawyers.com.au.

 

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