In a recent case before the NSW Civil and Administrative
Tribunal, the Tribunal made it clear that a home owner often cannot
make a second claim for defects in residential building works
against a builder after an initial claim has been resolved, even if
the second claim is for different defects.
The claim
The claim made by the applicant home owner was for money orders
against the builder relating to prime cost items, and defective and
incomplete works.
This was the second claim which the applicant had made against
the builder in the Tribunal under the same building contract
(Second Claim).
The Second Claim was supported by lay evidence prepared by the
applicant. An expert quantum report and Scott Schedule were also
relied upon, although these documents did not reference the claim
for defective works.
