Bartier Perry recently acted for homeowners in two separate cases in the NSW Civil and Administrative Tribunal (Tribunal). In both matters the homeowners were successful, demonstrating that builders who perform residential building works and fail to comply with the statutory warranties pursuant to section 18B of the Home Building Act 1989 (NSW) (the HBA) could face significant financial liability.
Although the factual circumstances differed, both cases involved major building defects, failures to comply with statutory warranties, and decisions where the Tribunal ordered the builder pay substantial monetary compensation to the homeowners.
Together these decisions provide important guidance for homeowners and anyone undertaking residential construction work in NSW.