161. When is it ok to delay repairs and maintenance?

This week, Reena and I discuss:

  • how a building in the middle of a defects claim against the original builder should deal with claims from lot owners who are losing rent
  • whether you can change the ‘financial year’ of a building
  • what happens when Tribunal applicants get their forms wrong.

Links mentioned:

 

 

 

 

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2 Comments. Leave new

Jennifer Engwirda
September 11, 2019 1:16 am

My strata developer asserts that t has no obligation/l Iiability re defects because it engaged a builder to “design and build” and the builder was put into administration. Your comment indicated that claims for loss of rent etc against the developer are possible… how would this be actioned?

Reply

    Hi Jennifer, it’s difficult to advise generally in these types of situations. You should engage a lawyer who can provide legal advice with reference to the terms of the building contract and the defects that are causing the losses. Developers do have obligations to home owners under the Home Building Act, but things can get complicated when developers contract with builders in a way that best protects them.

    Reply

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