As a builder or developer, it can be tempting to assume that
responsibility for the design of any building you're
constructing or developing rests solely with its designer.
But that assumption could come back to haunt you.
A recent Court of Appeal decision sends a clear message that if
you build it or develop it, you may also be responsible for any
defects in the design of the building.
In 2000 Meridian, a company controlled by a Mrs King and her
son, engaged Beach Construction to convert a warehouse into a mixed
residential and commercial strata scheme.
Unfortunately, the plans and specifications drawn up by the
Kings' architect contained defects in design, including the
absence of handrails and thermal detectors. They also failed to
conform with the requirements of the Building Code of Australia,
the Environmental Planning and Assessment Act 1979 (NSW)
and the conditions of the relevant development consent.
