Righting The Wrongs: How Construction Lawyers Can Help With Defects


Construction lawyers have the skills and experience to deal with a range of structural issues. A construction defect can be a real nuisance, and can leave an inexperienced homeowner wondering as to what on earth they can do about the issue!

Luckily, having the best construction lawyers in your corner can quickly rectify the issue. Whether it’s a problem of wall cracks, foundational failures, tile trouble or something completely different, you can always fix the issue with the right team in your corner.

Here are some of the ways in which construction lawyers can handle property defects:

They know the Home Building Act

The best building disputes solicitors can handle any problems regarding the Home Building Act, which was created to assist homeowners regarding their property rights. It includes the following:

    • Transactions made with licenced contractors, suppliers and builders;
    • Acquiring the right statutory warranties;
    • Acquiring the right insurance under the Home Building Compensation Fund;
    • Allowing for defects inspections, and;
    • Resolving construction claims and disagreements.

It is vital for you to know your rights, as even Australia’s stringent construction industry isn’t free of unscrupulous characters who will try and skip out on the job to save a few bucks.

They can help acquire home insurance

One of the act’s most imperative elements is that it ensures substandard work isn’t performed at your property. In this case, insurance and warranties are imperative as defects occur more often than you may think.


Any agreed upon contracts require statutory warranty clauses, which typically includes contractors having a six year warranty for major defects and two years for non-major defects once the property is complete. This warranty ensures that the builder has to fix the defect if it is proven to be caused by them.

They can help with insurance matters

This law ensures that every building and construction contract needs insurance under the Home Building Compensation Fund (HBCF). The law requires that without the proper Certificate of Insurance, builders cannot work on the site, which further ensures you receive the correct compensation if a defect occurs.

However, before signing any agreements or contracts, it’s imperative to thoroughly check the contract to ensure these provisions are included. Securing both insurance and warranties is vital when it comes to resolving disagreements.

They can help with defect inspection assistance

When implementing your rights as a homeowner, you must provide legal proof to show the defects were the builder’s fault. This should include defect reports that state that there is a defect on the property.

This involves licensed defects inspectors to undertake a thorough property analysis as they have the skills and experience to tell if the home is so defective that it has been rendered unlivable.

They help resolve disagreements

Once you, the homeowner, have proven a defect, you must then contact the construction firm. Here you can implement your rights and find a solution to handle the disagreement. This is why you need those imperative warranties and insurance details.

Once the builder has agreed to fix the issue, you must then ensure that they actually go ahead and do it, as many try to avoid the issue whilst saying that they will do the job. This is where you can certainly contact a construction lawyer, who will help ensure that the builder fixes the defect so as to render the property liveable or just resolve a minor problem (something which the builder should be happy to do in the first place!).

As you can see, the right construction lawyer can help you with all kinds of defect issues – enlist them if you have a problem that needs resolving!