Thu Apr 27

Home defects: how a new owner can pursue the original builder

So, you’ve moved into what you thought was your stunning new home, only to discover that it is defective! Regardless of the defect, you are probably pretty worried about your options. After all, you’re probably worried that the onus falls completely on you to pay for the problem.

It is important to know that in certain circumstances you can actually make a claim against the construction company who built the defective home, regardless of whether you contracted the build or if it was the previous owner.

Let’s take at how you can make a claim against a construction company who built your defective home:

When can you make a claim against the original builder?

The best building dispute lawyers Melbourne has available can potentially help you make a claim against a builder who built the defective home. Every domestic construction contract contains implied warranties that “run with the property”. This means that a new homeowner can make a claim against the construction company if they breached one of such implied warranties located within the original contract.

This could mean that the builder failed to follow the build’s plans and specifications, or did not follow the correct building practices to ensure the job was done adequately.

In order to make a claim against a previous builder, you must:

Attempt to resolve the problem with the construction company through the Domestic Building Dispute Resolution Victoria (DBDRV);
If this process fails, you must then make a VCAT claim against the builder before the limitation period runs out:
It is best to enlist legal representation for your VCAT claim, as they can help you with solid legal advice as well as securing the documents to make a solid claim.

Do I have long to file the claim against the builder?

Depending on the claim’s nature, you typically have 10 years from the date your certificate of final inspection or occupancy permit was issued. However, in certain circumstances, there may be a six year limitation period from the date the contract was breached.

You must ensure that you file your application to VCAT within the right time frame, as your case could be thrown out otherwise. This is why it is imperative to speak to a legal professional as soon as possible, especially if you’re concerned that you are running out of time to lodge your case.

How do I find out who built the home?

The first - and typically easiest - way to find out is to ask the person who sold you the home. If the vendor contracted the construction firm or builder, then they can likely tell you who built the property and, consequently, made it defective.

It is imperative to confirm the builder’s correct identify by securing and going over the following documents that should list the builder’s name:

A building permit;
Domestic building certificate of insurance;
Domestic building contract.

These documents should be included in those which you received upon purchasing the property, and can be vital for helping you lodge your claim against the builder.

Enlist legal advice for the best possible outcome

At the end of the day, your chances of receiving the best possible outcome from this unfortunate scenario are with the right legal representation in your corner. They can help you secure the required documentation and provide sound legal advice regarding this tedious situation, in the hope of receiving an outcome that properly rectifies the issue.