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ARTICLE · 16 MAY 2019

NCAT update: what is a major defect in home building construction in NSW?

Bartier Perry Solicitors
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Two recent decisions of the NCAT Appeal Panel examine the definition of a "major defect" and what evidence is required.

AustraliaReal Estate and Construction
Sharon Levy
Sharon Levy
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Two recent decisions of the NCAT Appeal Panel serve as a timely reminder about the definition of a "major defect" and what evidence is required to prove its existence.

In Vella v Mir, decided on 31 January 2019, the Appeal Panel helpfully explained the sequence of the analysis required in assessing a warranty claim under section 18E of the Home Building Act 1989 (NSW) (the Act):

  1. When does the statutory warranty period start? Generally, this is the date on which the work was completed as per sections 18E(1) and 3B of the Act.
  2. If a statutory warranty has previously been enforced, does s18E(2) of the Act apply to exclude claims for other deficiencies?
  3. Are each of the claimed defects in a major element of a building?

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