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ARTICLE · 01 APRIL 2016

Strata schemes maintenance obligations v warranties

ClarkeKann Lawyers
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Manufacturer and installer warranties can vary significantly in their terms, with a dramatic effect upon obligations.

AustraliaReal Estate and Construction
James Nickless
James Nickless
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MAINTENANCE & WARRANTIES

Most lot owners within strata schemes have a general awareness of the fact that statutory and contractual warranties apply to various aspects of the building, plant and equipment contained in their scheme. However, as the adage goes; the devil is in the detail.

Manufacturer's and installer's warranties can vary significantly in their terms and this can have a dramatic legal effect upon the respective party's obligations as well as the ability of the Body Corporate to claim under the warranty.

Bodies Corporate have strict liability for their statutory duty to maintain the common property and structural elements of the building (in Building Format Plan schemes).

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