Implied warranties and consumer guarantees
The law requires a builder to meet certain obligations when they do building work. An SHS Building Inspection will identify when a breach of the builders warranty has occured.
The warranties in the Domestic Building Contracts Act, and ‘consumer guarantees’ within Australian Consumer Law allow you certain rights under both laws.
Consumer guarantees and implied warranties apply by law and cannot be signed away.
Warranties under building law
Builders and tradespeople must honour the implied warranties in the Domestic Building Contracts Act, which require that they:
- carry out the work in a proper and workmanlike manner, in accordance with the plans and specifications set out in the contract
- ensure all materials supplied are good and suitable for the purpose and are new, unless otherwise stated in the contractcarry out the work in accordance with all laws and legal requirementscarry out the work with reasonable care and skill and complete works by the date (or within the period) specified by the contract
- ensure new homes, extensions, renovations, repairs and kit homes (or similar) are suitable for occupation when completed
- ensure other types of work and the material used are reasonably fit for the intended purpose.
- Implied warranties automatically apply to all building work, regardless of the cost or whether or not there is a written contract.
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