Builder/Developer >> Building Defects
UNDERSTAND AND MANAGE YOUR LEGACY
Identify those hidden issues before it is too late –
before the builder’s liability is extinguished or a major failure.
DEFECTS – OBLIGATIONS AND IMPLICATIONS
Designers and builders have numerous contractual, statutory and authorities’ compliance obligations such as:
- The National Construction Code and the associated Building Code of Australia;
- Compliance with Australian Standards;
- Safety in Design obligations;
- Energy Efficiency obligations in the form of statutory or voluntary obligations such as Green Star or NABERS;
- Local authorities’, State, and Federal authorities’ regulatory requirements;
- Specific Owners requirements;
- Technical drawings and specifications requirements;
- Specialist Designer requirements in regard to the use of specific products or equipment;
- Specialist Manufacturers and Vendor requirements in relation to the use of their products or equipment;
- Other stakeholders in the building process;
- Health and Safety; and
Building Owners, Operators and Maintainers also have obligations in regard to the correct use and maintenance of buildings as defined in the Builder’s O & M Manuals, the maintenance of safety measures and energy efficiency requirements as defined in the WA Building Regulations, and compliance with local and state government and utilities authorities’ requirements.
During the Defects and statutory Builders Liability periods, various design, construction, operations or maintenance issues may become apparent. It is important these are thoroughly reviewed to determine the extent, cause, impacts, and corrective actions, if any, and that corrective action implementation plans are documented and managed in order not to compromise current and future building operations, maintenance, liabilities and warrantees.
Defects may manifest themselves in many ways. Most commonly, defects are seen as physical in nature and relate to cracking or water damage or some other undesirable physical change or breakage. Defects however may also be concealed behind building finishes or fabric and may also manifest in issues such as a services system inability to meet demand or excess down time, air pressurisation issues, excess energy water or chemical demand, additional maintenance, faulty control and detection systems, material degradation or movement, moisture damage and corrosion that may be difficult to interpret. In our experience, these concealed defects are less often identified and notified to builders for attention, during the defects and liability periods.
The most significant defects issues impacting the design life of the building structure, fabric or finishes are often identified after the expiry of the Builders Liability Period when they become physically manifest to a layman. Unfortunately this is also when the damage is more widespread, advanced and costly to fix and most detrimentally for the owner, when the Builder’s Liability has expired.
Through our extensive experience with building design, construction, handovers and defects management activities on all classes of buildings, CCC assists in identifying and resolving defects issues. We review documentation and records, inspect the works, undertake necessary testing in accordance with the brief, assess the compliance of design and construction and provide the necessary defects management to resolve defects, warrantee and liability claims that may result.
DEFECTIVE WORKS CLAIMS PRECEDENCE
In recent years there have been a number of high profile cases that have tested the builder’s and contractor’s liability for defects. The most significant lessons learned from these cases are:
- that the owner ( or their representative) is responsible to identify and notify the builder of a defect;
- that building contract defect rectification activities should be assessed, monitored and approved to avoid ineffective or untimely repairs and errors in their acceptance;
- Outstanding Builders Liability claims must be lodged with the WA Building Commissioner prior to the expiry of the Defects Liability Period, 6 years from Practical Completion.
Don’t leave your claim until the last minute or you may find your rights compromised through inability to implement the necessary claims processes.
HOW WE CAN HELP YOU MANAGE AND CLOSE OUT YOUR DEFECTS
Cornerstone Construction Consultants provides a range of Defect Management services, from a single issue service, to a comprehensive management process. These services are listed below:
- Pre-completion defects inspection, identification, assessment, reporting and management;
- Practical completion defects inspection and management;
- Post completion:
- Management of Warrantee obligations and claims;
- Set up of a defects logging, assessment and notification process during the contractual defects and statutory WA Builders Liability periods;
- Review of operational and maintenance activities to ensure that O & M requirements and builders liabilities and warrantees are not compromised;
- Defect identification, forensic investigation and testing, engineers causation reporting, review of the builder’s proposed rectification and approval of the defect rectification works;
- Defects Dispute Management and Builders Liability Period ( 6 years) Claims support;
- Management of defects rectification works interfaces with client operations, including Health and Safety Management and management of public, operations, tenants interfaces, which form part of owners obligations;
Cornerstone Construction Consultants provides the expertise to manage defects activities throughout the construction and operations phase of a building or facility. It is our experience that when expert knowledge and management is applied to defects activities, that they will be resolved more cooperatively, expeditiously, cheaply, and beneficially in the interests of owners, designers, builders, subcontractors, operators, tenants and maintainers.
Example of Defects
Other Support Services for Builder/Developer
Is your building healthy, safe and environmentally compliant? Are you satisfied with your building services performance and operational availability, cost of operations and maintenance and long term asset integrity?
We assist you in operating and maintaining your building in compliance with statutory, technical and contractual requirements to ensure health, safety and efficiency in building operations and maintenance activities, maintenance of stakeholder liabilities, including builder and warrantor liabilities, and support with claims management.
Building Design and Construction is progressively becoming more complex and therefore it is common that during construction handover and commencement of Building occupancy and operations, and throughout the life of a building, that disputes occur. These issues may result in breaches of WA Building Regulations, health and safety issues in operations and maintenance, breaches of builder and manufacturer warranty obligations, inefficient and unsustainable building operations and maintenance, loss of building functionality and unnecessary wear and susceptibility to damage of building elements.
Find out how Cornerstone Construction Consultants can bring clarity to the dispute and improve your options for successful resolution.
Transition to Operations and Maintenance
Aren’t sure how to transition from construction to operations and maintenance? Aren’t clear on your obligations or those of your builder, operators and maintainers? Let us help you ensure regulatory compliance, maintain builder, operator and maintainer liabilities and maximise the performance of your building.
We will assist you in the transition from construction to operations and maintenance to ensure compliance with statutory, technical, contractual and others requirements.