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ARTICLE · 22 AUGUST 2024

Time limits in building work contracts – which one applies?

Mellor Olsson
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Duncan v Bert Farina Constructions offers important insights into how these time limitations apply.

AustraliaReal Estate and Construction
Nick Graham
Nick Graham
Alistair Flynn
Alistair Flynn
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Navigating the complexities of time limits in building work contracts is crucial for both homeowners and builders. The recent case of Duncan v Bert Farina Constructions Pty Ltd [2024] SASCA 67 before the South Australian Court of Appeal offers important insights into how these time limitations apply.

Case study – Duncan v Bert Farina Constructions Pty Ltd

In this case, the South Australian Court of Appeal considered competing time limitation provisions in the Building Work Contractors Act 1995 (SA) (BWCA) and the Development Act 1993 (SA) (DA), with the judgment turning on the analysis of the purpose and power given by those provisions.

Case background

In June 2016, Mr Duncan and Ms Roberts purchased a house on which Bert Farina Constructions had been contracted to perform residential building work. The builder asserted that the work reached practical completion in December 2015.

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