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ARTICLE · 16 JULY 2026

10 Year Long Stop On Building Defect Claims Reinforced For Contribution Claims

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A recent NSW Supreme Court decision examines whether the 10-year statutory limitation period on building defect claims can be extended for contribution claims, and whether parties can amend pleadings on the final day before the limitation period expires.

AustraliaReal Estate and Construction
Helen Kowal
Helen Kowal
Hayley Ryman
Hayley Ryman
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The recent decision in Fortius Broadway No 1 Pty Ltd V ACN 103 211 141 Pty Ltd (formerly known as Watpac Construction (NSW) Pty Ltd) [2026] NSWSC 710 (Fortius) handed down on 25 June 2026 reinforces the 10-year “long-stop” period on claims for defective building work1, including contribution claims, with the Court failing to allow a late amendment to pleadings on the last day of the 10 year period to bring in an additional claim against the certifier under s37 of the Design and Building Practitioners Act 2020 (DBP). 

The Court considered, inter alia, the following questions in respect of the claim for building defects:

  1. Does section 74 of the Limitation Act 1969 (NSW) operate to extend the 10-year statutory limitation imposed under section 6.20? 2 

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