(1) The following warranties by the holder of a contractor licence, or a person required to hold a contractor licence before entering into a contract, are implied in every contract to do residential building work:
(a) a warranty that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract,
(b) a warranty that all materialssupplied by the holder or person will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new,
(c) a warranty that the work will be done in accordance with, and will comply with, this or any other law,
(d) a warranty that the work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated, within a reasonable time,
(e) a warranty that, if the work consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling,
(f) a warranty that the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if the person for whom the work is done expressly makes known to the holder of the contractor licence or person required to hold a contractorlicence, or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of the holder or person, the particular purpose for which the work is required or the result that the owner desires the work to achieve, so as to show that the owner relies on the holder’s or person’s skill and judgment.
(2) The statutory warranties implied by this section are not limited to a contract to do residential building work for an owner of land and are also implied in a contract under which a person (the "principal contractor" ) who has contracted to do residential building work contracts with another person (a "subcontractor" to the principal contractor) for the subcontractor to do the work (or any part of the work) for the principal contractor.
So what is covered?
Minor defects such as incomplete work or poor workmanship or minor oimmissions and workmanship which does not affect a major building element - see below- is covered for a minimum of 120 days (maybe more depending on your contract - but cannot be less).
Major defects are covered for 6 years from Practical Completion.
"major defect" means:
(a) a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause:
(i) the inability to inhabit or use the building (or part of the building) for its intended purpose, or
(ii) the destruction of the building or any part of the building, or
(iii) a threat of collapse of the building or any part of the building, or
(b) a defect of a kind that is prescribed by the regulations as a major defect.
"major element" of a building means:
(a) an internal or external load-bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams), or
(b) a fire safety system, or
(c) waterproofing, or
(d) any other element that is prescribed by the regulations as a major element of a building.
There are essentailly two reasons why you would have a building complaint. They are:
You have been adversely affected by building work (this can be a builder you hired or even one that your neighbours have engaged).
You have a contract dispute.
As set out in the Building Services (complaint Resolution and Administration Act 2011
Building Services Complaint:
A building service complaint must be made within 6 years after the completion of the regulated building service to which the complaint relates. This means 6 years from Pratccial Completion. It is interesting to note that a Building Services complaint may be made by sebsequent owners for a period of 6 years after PCI.
An example of a Building Services complaint is if the neighbours engaged a builder to construct a new home and the stormwater drainage is affecting your property.
Another example is if you hired a builder to install some new windows and they have begun to crack within 6 years.
If the builder attends to fix something, you get another 6 years waranty
A Breach of Contract:
You have 3 years to lodge a claim for a contract dispute.
An example may be that you requested a specific brand of tile and it was not installed or the builder did not finish the home building work on time.
0401 953 226
We undertake Building Prepurchase Inspections to all areas in Perth, Western Australia
