Canberra Times article – Owners’ legal action over defects

On 3 December 2018, the Canberra Times published an article on owners’ legal action over defects with particular focus on Elara apartments as the owners prepare for Federal Court action against the builders’ insurance fund, which could end years of legal wrangling and building disputes over the controversial Bruce development To read the full article, click here.

University Research Project on Building Defects

Deakin and Griffith Universities are undertaking a research project on building defects. One part of the project involves interviewing stakeholders (including committee members) about their experiences and opinions dealing with building defects.

All participant information will be re-identified to provide anonymity.

If you are interested and available, the researchers can interview you via teleconference at any time between now and mid-December 2018.

If you are a committee member who is interested in participating, please email Christopher Kerin (christopher@kerinbensonlawyers.com.au) who will forward your details onto the relevant academics.

Inquiry into Building Quality in the ACT

The Canberra Times has reported on the current and ongoing “Inquiry into Building Quality in the ACT” which was announced in April 2018 by the ACT Legislative Assembly. Click here to read the article.

The Standing Committee on Economic Development and Tourism, which is in charge of the Inquiry, has resolved to inquire into and report on the quality of new buildings in the ACT and any potential or actual causes of poor building quality in the ACT

As of 4 October 2018, 39 submissions had been made by owners corporations, apartment owners, the Owners Corporation Network and other interested stakeholders.

Submissions to the Inquiry can still be made and stakeholders are encouraged to make submissions. The date for the lodgment of submissions has been extended to Friday 30 November 2018 and the Committee intends to hold public hearings in the first quarter of 2019.

High Court Rejects Appeal by Builder of Lagani Apartments

In a key decision for ACT owners corporations, the High Court of Australia recently rejected a special leave application by the builder of Lagani Apartments to appeal the decision of the ACT Court of Appeal in Koundouris v The Owners – Units Plan No 1917 [2017] ACTCA 36. This High Court decision is important because it was the final avenue of appeal for the builder and the more expansive interpretation of the application of statutory warranties under the Building Act 2004 remains in place.  Click here to read the article published in the Canberra Times on this decision.

 

 

Focus on Builders: B & T Constructions Pty Ltd (ACT)

B & T Constructions (ACT) Pty Ltd (ACN 105 358 825) was a builder that was responsible for the construction of numerous residential apartment buildings in the ACT.

On 18 May 2017, administrators were appointed to B & T Constructions (ACT) Pty Ltd and following this, on 20 July 2017, RSM Australia were appointed as liquidators of this company.

Owners of apartments buildings which are three storeys or less (excluding any storey used exclusively for carparking) and were built by B & T Constructions (ACT) Pty Ltd should make a claim against either QBE Insurance or the Master Builders Fidelity Fund for any breaches of statutory warranties by B & T Constructions (ACT) Pty Ltd within 90 days of 20 July 2017.

Visit ASIC’s website here to view the notice.

If you think you may have a claim, contact Christopher Kerin on 02 6140 3270 or christopher@kerinbensonlawyers.com.au