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[mattb]

My scheme, (like everyone elses) came with construction defects.

However, the EC at the time did not take action against the builder within the Building Warranty period.

 

The EC eventually launched action, and there was a protracted battle in the courts which saw the builder being ordered to remedy the major defects, but not others (which were deemed either mild, or acceptable defects given the length of time that had lapsed), and this work was finalised a few years ago.

 

Obviously the mild defects that were not attended to did not ‘go away’ . The OC has been gradually repairing common property issues, but my question is around who would be liable to repair defects when they are entirely within the actual lot (eg cosmetic cracks in internal, non load-bearing walls/cornices etc from normal lateral movement and settling within the building in the first few years of construction).

The courts made no recommendation on this (it was out of scope), but our strata manager has said these sorts of issues are the lot owners responsibilty.

 

Strictly speaking that advice is correct and I tend to agree, but I have a niggling question about the potential liability on the OC because the original EC did not lodge the claim within the initial period.

Does the OC have any responsibility to make good such faults?

 

Thanks

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