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How can you tell if building work is defective?

There are currently five laws holding residential builders accountable for their workmanship or materials (and only two in the case of commercial builders). They are the law of contract, the law of negligence, the Consumer Guarantees Act 1993, the implied warranties under section 362I of the Building Act 2004, and the 12 month defects warranty under section 362Q of the Building Act.

  • 20 September 2015
  • Author: Geoff Hardy
  • Number of views: 2592
How can you tell if building work is defective?

Of those five laws, in only two of them is it necessary to prove (or disprove) that there is a “defect” in the workmanship or materials. In the other laws you have to prove something else – in the case of negligence a breach of a duty of care causing foreseeable loss, in the case of the Consumer Guarantees Act a breach of an implied guarantee, and in the case of the Building Act implied warranties a breach of one of those warranties.


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