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ARTICLE · 22 APRIL 2016

Residential Focus - 20 April 2016

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

Holding Redlich is a large national commercial firm with offices in Melbourne, Canberra, Sydney,...

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This newsletter has links to recent media releases and cases relating to property and real estate in New South Wales.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Jarrad McCarthy (Formerly With Holding Redlich)
Jarrad McCarthy (Formerly With Holding Redlich)
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Woolley v Johns & Rogers Pty Limited [2016] NSWCATCD 16

An owner brought a claim against a builder alleging multiple breaches of the statutory warranties under s18B of the Home Building Act 1989 (Act). The builder attempted to rely on the defence available under s18F of the Act as he claimed that the deficiencies only arose as a result of his compliance with the owner's instructions.

The works which the claim related to concerned a contract to replace a wooden deck. The owner's claim for breach of statutory warranty was in relation to the builder's alleged failure to:

  1. properly advise on and construct a structurally sound façade wall, which subsequently cracked
  2. properly advise on and select a coating that contained a suitable light reflective valve

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