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NSW opens door to thousands of defect claims

Michael Bleby

Thousands of apartment owners in NSW now have a way to launch claims over cladding, water proofing and fire safety defects after a new law created a duty of care for builders, consultants and developers to end users in the construction chain, even without a contractual relationship linking them.

The Design & Building Practitioners Bill 2020, which came into effect last week, gives the state's apartment owners the first chance to seek damages for past building defects. It overturns the precedent set by a  2014 High Court decision that found a builder had no longer-term responsibility to the occupants of a high-rise apartment building.

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Michael Bleby covers commercial and residential property, with a focus on housing and finance, construction, design & architecture. He also dabbles in the business of sport. Michael is based in Melbourne. Connect with Michael on Twitter. Email Michael at mbleby@afr.com

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    Original URL: https://www.afr.com/property/residential/nsw-opens-door-to-thousands-of-defect-claims-20200612-p551wv