Further to my previous post on this matter it would be useful to know the following:-
1. When was the building built?
- If construction was completed less than 7 years* prior to the 2011 repair works, then the Owners Corporation (OC) should have required that the original builder effect any necessary repairs in 2011. Were the 2011 repairs of this nature?
- If the 7 year warranty period has lapsed between 2011 & now and the plumber was carrying out repairs on behalf of the original builder I would recommend checking with OFT where the responsibilities sit.
- If construction was completed more than 7 years* prior to the discovery & reporting of the defects which resulted in the need to carry out the 2011 repair works, then the original builder cannot be held responsible. However, the plumbing contractor is responsible for his work for 7 years* from the date he carried out the repair works, that is until 2018.
2. What was the full extent of damage due to the leak in 2011?
3. What is the full extent of damage due to the leak in 2014?
Inspection for moisture penetration should include all adjacent surfaces in the unit with the leak & in adjoining units on the same level (walls & floors – including inside built-in wardrobes & the like). On the level below ceilings & walls (including inside built-in wardrobes & the like) should be inspected.
* Important Note:
In NSW for building works completed prior to February 2012 a 7 year warranty on all residential building works applies. After this date the warranty period has been broken into 6 years for structural & 2 years for non-structural. This was to bring the warranty period into line with Home Owners Warranty Insurance (HOWI). In my opinion it would have made far more sense to bring the HOWI into line with the 7 year statutory warranty – however that was not to be. In my opinion the current warranty periods are woefully inadequate and will result in a diminution in the quality of the built environment (already quite low in many cases).
The information provided here is based upon the building being in NSW.