There has been a surge in building works in the last 12 months. It is important to be aware of your rights if the works are defective. You could be entitled to take legal actions for defective premises for latent defects and defective property.
It is normally not until the builders have long gone that a construction defect that is concealed becomes apparent.
Who is responsible?
Contractors, Architects and the Engineer on a project are usually responsible for repairing construction defects.
A building contract may contain a latent defects clause. This clause provides that the homeowner has a certain amount of time to highlight a construction defect. This must then be remedied by the Contractors, Architects and the Engineer.
Even if no latent defect clause exists or it has expired, it may be possible to pursue the responsible parties by way of breach of contract or a case for negligence.
You could be entitled to pursue a claim for repairs of the latent defects and any other problems, which may include the cost of re-decorating.
Taking legal action for a construction defect may also include the stress and inconvenience of living with defective premises, or recouping the cost of relocating whilst the works were carried out.