Home Building Claims

The Home Building Act (HBA) provides a statutory overlay to certain contracts regarding home building work. As such residential building contracts are regulated so that it is important to understand: -

• what terms are implied into such contracts;
• how insurance contracts are affected;
• the extent to which unjust contracts can be addressed.

Most home building claims, at their basic level, relate to a dispute between the home owner and the contractor and/or insurer. 

Let Us Help You: -

• Understand the application of the Home Building Act, and Home Building Regulations with respect to your matter;
• Appreciate the rights of a contractor to claim damages when the contractor does not hold a license;
• Know the rights of non-contracting owners with respect to insurance and implied warranties;
• Enforce such rights as you may have against the Home Warranty Insurer (Home Building Compensation Fund) by way of notification and/or claim;
• Work out if you are covered under the insurance (or still have the benefit of warranties against the contractor);
• Pursue your rights against the builder / home owner in respect of the statutory warranties (noting there are warranties that benefit both consumers and contractors);
• Rely on the extended operation of warranties for those who are not parties to the contract e.g. successors in title;
• Mount a defence against a claim alleging breach of warranties where a defence applies;
• Brief an expert to prepare a report in respect of building defects. 

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.