Remedial Building Works

Construction Legal has been supporting Owners Corporations and strata stakeholders for a decade in all areas of building defects and remedial projects, including advice on common property failures, complex remedial scopes and navigating the evolving compliance and regulatory framework for existing buildings. We provide practical and commercial advice that helps committees plan and deliver remedial works with confidence – from initial defect investigation and strategy through to rectification, recovery and, where necessary, NCAT or Court proceedings.

We understand that remedial projects are seldom straightforward. They are often technically complex, involve live buildings and residents, and require coordination between engineers, designers, remedial builders, strata managers and regulators. Our role is to help Owners Corporations cut through that complexity, understand their legal position, and put in place a clear, staged plan that deals with both the building issues and the associated legal and commercial risks.

Our track record speaks for itself.   We have been involved in more than 80 remedial projects in NSW alone.  We work closely with reputable engineers, building consultants and quantity surveyors to ensure defects are properly diagnosed and quantified, remedial scopes are fit for purpose and compliant, and contracts and strategies are aligned with the Owners Corporation’s objectives.

Scope of Services

  • Advising Owners Corporations on building defects impacting common property and lot property, including waterproofing, façade, structural, fire safety, cladding and other performance issues.
  • Assisting with defect investigations, engaging and briefing experts, and interpreting reports and remedial scopes so committees can make informed decisions.
  • Advising on statutory warranties, statutory duty of care, limitation periods and other rights to pursue builders, developers, consultants and insurers for the cost of remedial works.
  • Advising on the application of the DBP Act and remedial building work framework to class 2 and other regulated buildings, including design, declaration and compliance requirements for remedial works.
  • Preparing, reviewing and negotiating remedial building contracts, consultancy agreements and related project documentation to appropriately allocate risk and protect the Owners Corporation.
  • Advising on access, by‑laws, contributions and responsibility for repair and maintenance as between the Owners Corporation and lot owners in the context of remedial works.
  • Assisting with strata building bond and inspection issues where relevant to defects and remedial strategies.
  • Representing Owners Corporations and strata stakeholders in negotiations, NCAT proceedings and Court litigation arising out of building defects and remedial projects.

Our principal, Jessica Rippon, has built a strong reputation in residential building and strata law, with a particular focus on building defects, remedial projects and the impact of recent reforms on Owners Corporations. She is regularly involved in policy and industry discussions about remedial work, compliance and consumer protection for strata communities, and brings that insight to every remedial matter the firm handles.

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