Buyers and builders need to know their rights, lawyer says
Story sponsored by RMB Lawyers.
For most people, a house is the most expensive asset they will ever acquire, especially if they're building from scratch.
As such, it is important to know your rights and what legal remedies are available if things don't go to plan.
Harley Purnell is an Associate at RMB Lawyers and says new home buyers need to know where they stand when it comes to relevant legislation as well as the steps that need to be taken in order to resolve disputes.
As a lawyer with extensive experience in the building and construction sector, he has helped many clients successfully navigate the system and achieve the best possible outcome.
It is important, he says, for all home owners to have access to a good solicitor who can help them do the same.
"At the end of the day, we're here to provide advice to our clients to make their lives easier," he explained
"Contrary to popular belief, our job is to make the process simpler and help solve problems," he continued.
"Clients need to understand their rights at law and if you're a home owner, or a builder specialising in residential building work, then the critical piece of legislation is The Home Building Act 1989 (NSW)."
The Act is important, he says, because it spells out the rights and responsibilities of both builders and home owners.
Critically, it dictates that residential building work must be of a reasonable standard and it requires builders to stand by their work in the case of a defect.
More importantly, it sets out a process to help resolve building disputes through NSW Department of Fair Trading (DFT) and the NSW Civil and Administrative Tribunal (NCAT).
"There is a common misconception that there is a power imbalance in favour of the builder. This isn't always the case," Mr Purnell explained.
"The Home Building Act is quite a hefty piece of legislation and in that regard, it imposes strict obligations on the builder," he continued.
"However, the industry tends to operate on its own without much regard for what the law says, unless or until you bring it up. That's why you need to know your rights."
It's not just home owners who need to know their rights when it comes building and construction law.
Mr Purnell also works with both commercial and residential contractors of all sizes - from large engineering and construction firms to small family owned boutique building outfits.
When it comes to the building and construction industry, he says, there can be major pitfalls for all players, no matter how big or small.
"The most common issue facing both builders and contractors alike in the current economic climate is cash flow," he said.
"However, knowing your rights under the Building and Construction Industry Security of Payments Act 1999 (NSW) can help to alleviate this cost pressure."
The Act affords protection to builders in commercial development and subcontractors/tradies in the residential building context and gives them a fighting chance of getting paid for their work.
More importantly, it protects against exploitation and reduces the traditional hurdle of the costs associated with civil litigation.
"It's not uncommon for a piece of litigation to cost thousands of dollars, just to recover a small debt," Mr Purnell explained.
"However, if you're a savvy contractor and you avail yourself of the protections afforded to you by the Act, you can guarantee cash flow and that's just good business."
For more information about NSW Building and Construction Law contact RMB Lawyers on 1800 681 211 (free call) or email rmb@rmblawyers.com.au.
Story sponsored by RMB Lawyers.
