Browse Forums Building A New House Re: Structural/ non structural guarantee for new house 2Jul 06, 2014 8:34 am The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Structural/ non structural guarantee for new house 7Jul 06, 2014 2:30 pm Hi roller, This is her profile page: http://www.homeone.com.au/member/boutiquelawyers There is a send message button at the top. Re: Structural/ non structural guarantee for new house 8Jul 07, 2014 9:40 am Hello, I am writing to you to respond to some of your quieries as outlined below: 1. What is the implied guarantee by law for the building/construction? Do I need to specifically get any guarantee clause added in my contract explicitly to cover myself off for 10 years? What Liliana has posted below is correct. The domestic building contracts act implies warranties. You may sue a builder for structural defects for up to 10 years. Did the builder provide you with a pro-forma contract such as a MBAV contract? the warranties still are implied whether or not they are mentioned in the contract. 2. Is Post contract variation document a legal document.? Yes, if you have signed and agreed to the variation and if it is in fact a variation. 3. Is the builder bounded by law to offer guarantee/ warrantee even though nothing of that sort is mentioned in the contract document? Yes, it is in the Act, therefore the law is that these warranties are implied even if they are not mentioned in the Contract. Re: Structural/ non structural guarantee for new house 9Jul 07, 2014 9:58 am Thanks so much for the replies. They have been really helpful. One more question before I log off - The implied warranties are for 10 years but Lilliana also mentioned about the domestic building insurance cover.. Whats the difference between the two ? "you are covered for structural defects for six years only and non-structural defects for two years" Thanks in Advance!! Re: Structural/ non structural guarantee for new house 10Jul 07, 2014 5:59 pm roller Thanks so much for the replies. They have been really helpful. One more question before I log off - The implied warranties are for 10 years but Lilliana also mentioned about the domestic building insurance cover.. Whats the difference between the two ? "you are covered for structural defects for six years only and non-structural defects for two years" Thanks in Advance!! The builder is liable for ten years . . . but if the builder goes out of business the insurance will only pay you for the shorter period. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. From a pure legal perspective, if you've signed the variation, it is a very high bar to have it set aside. No-one can give you legal advice on a forum, but you would need… 3 5886 5 5998 Building Standards; Getting It Right! Long story short, a toilet room is going to back onto our main bedroom and I want to make it close to soundproof. Im going to build two frames (pretty much a room within a… 0 11412 |