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These promises or "statutory warranties" are:
The owner, or a subsequent owner of the property, may make a claim that you are in breach of one or more of these warranties within six years for major defects and within two years for other defects from the date of completion.
If an owner claims you have breached a statutory warranty you must reply. You should go and inspect the work. If you want to challenge the owner’s claim you may need to consider getting expert advice. If you are found to be in breach of a statutory warranty you may be told to rectify the work or pay damages.
You can defend a statutory warranty claim if you can prove that the defect has arisen from:
You cannot exclude or restrict the operation of these statutory warranties and any term in a contract that seeks to do this is void.
No matter the size of the job, a watertight building contract is critical to protect your business, and the current climate presents a great opportunity to go digital with your contracts.
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