The Body Corporate is responsible for all repair and maintenance; including building defects. Many Body Corporate building’s face minor and major defects as a result of the original building work. Unfortunately, the responsibility to rectify these defects falls on the Body Corporate.
Critical time limits apply in all building defect claims; whether they are under insurance (HOW or QBSA) or the institution of Litigation. With our expertise in building defect litigation we can assist you in achieving the best outcome for your Body Corporate whilst ensuring you are protected from personal liability.
Building defect claims often result in one of the following three outcomes:
- The original builder rectifies the defects at the builders cost (most usual);
- A new builder is engaged to rectify the defects at the original builders cost (where a builder has become insolvent or an insurance company deals with the breach); or
- A new builder is engaged to rectify the defects at the Body Corporate’s cost (where the avoidance of lengthy Litigation is sought; however, this is the most expensive solution).
If your building is no higher than three levels, Home Building Insurance should be available to you.
As the Body Corporate, there is an obligation upon you to rectify the common property when you become aware of a defect. This obligation should be at the forefront of all considerations by you: it is your duty to all lot owners and the public to ensure your common property is properly maintained.
Gold Coast Lawyers at OMB Solicitors have considerable experience dealing with building defect claims in Queensland and New South Wales and our expert team will provide you with the advice and guidance necessary to achieve the best result for your Body Corporate.