KP – I believe that Investor13 is probably referring to a claim against the Home Owners Warranty Insurer since we are talking about failure of waterproofing membrane – not a claim against the OC’s building insurance. Temp. accom. is usually offered by the building insurance only where the damage being rectified is due to an insurable event. Specifically, building defects will not be covered.
Investor – Statutory warranties under the Home Building Act mean that it is the principal contractor (builder) who is responsible for rectifying defects, (usually) not the developer (unless it was a developer/builder).
Depending on when practical completion of the building was, it is likely that the Home Owners Warranty Insurer will only pay out a claim if the builder becomes insolvent.
If the building is insolvent and the HOW claim is valid then I do not see where the developer comes into it?
The defect claim & rectification process is a legal minefield and it is clear that you need to obtain legal advice regarding your individual circumstances.