Defective building work can be frustrating and costly for property owners. Whether it is a leaking roof, cracked tiling, or more serious structural issues, knowing how long a builder has to fix such identified defects after being notified is essential for managing expectations and protecting homeowners’ rights.

Under Australian law and standard construction contracts, there are various timeframes for rectification, depending on the types of defects, the contract terms, and whether the defects impact safety. This article provides an overview of the general rules and key considerations for builders and homeowners.

Contractual Timeframes for Rectification

The first place to look when determining how long a builder must fix a defect after being notified is the building contract itself. Most contracts include specific timeframes for rectification period or liability period, which are legally binding unless overridden by legislation.

Common timeframes used by home building contracts can include the following:

  • 21 days after the 3-month defects notification period.
  • 14 days for pre-settlement defects.
  • 30 days for defects during the 12-month warranty period.
  • 10 working days where no specific timeframe is stated.
  • Safety or security-related defects: These must generally be fixed as soon as practicable, given their potential to endanger persons or property.

When No Timeframe is Stated: What Is “Reasonable”?

If the contract does not specify a rectification period, then the builder is required to fix the defect within a “reasonable time.” What qualifies as reasonable will vary, but courts generally consider several factors:

  1. Nature and severity of the defect: Minor aesthetic issues may warrant longer timeframes, while critical structural or safety defects demand urgent attention.
  2. Access: The builder must be given reasonable access to the site during normal working hours. If access is delayed, obstructed, or even refused by the owner, that will be considered in assessing compliance.
  3. Practical constraints: Availability of materials, subcontractors, or weather conditions may affect the timeline, provided these factors are communicated transparently.

Consequences of Failing to Rectify on Time

If a builder does not rectify the defects within the contractual or reasonable period, the homeowner has several options:

  1. Issue a further written notice: Owners may formally remind the builder of the outstanding issues, listing the specific defects yet to be addressed.
  2. Engage another contractor: After providing appropriate notice, the homeowner may hire a third party to carry out the rectification work and seek reimbursement for the cost, provided there are reasonable grounds for doing so.
  3. Lodge an insurance claim: If the builder has died, disappeared or is insolvent, the owner may file a claim with the relevant statutory insurer (e.g., under Home Warranty Insurance).

Important Considerations for Both Parties

  1. Access and Coordination

Homeowners must provide the builder with reasonable access to the property during standard working hours. Builders, in turn, must coordinate with the owner to schedule repairs in good faith. 

  1. Proper Notice

All defect notices should be submitted in writing to ensure a formal record. Some contracts may also require specific waiting periods or a final opportunity for the builder to remedy the issue before third parties are engaged.

  1. Types of Defects

Different rectification timeframes may apply depending on whether the defect is structural (e.g., foundation issues) or non-structural (e.g., paint blemishes). Structural defects are typically subject to longer statutory warranty periods.

Builders also have the right to reasonably dispute whether a particular item qualifies as a defect. In such cases, legal advice may be necessary to resolve the disagreement.

  1. Cost Implications

Where defects arise due to poor workmanship or materials, the builder is usually obligated to fix them at no cost to the owner. If the builder fails to do so in a timely manner, the owner may also be entitled to claim damages, including the cost of hiring another contractor.

Understanding your contract and the legal expectations around defect rectification is key to resolving building issues efficiently. While many problems can be addressed through open communication, knowing the applicable timeframes and your rights helps you take appropriate steps when delays or disputes arise.

Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our social media accounts.

DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.