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.