Defects are a part of building, but know your rights and obligations to help you get them attended to quicker.

Defects are a part of the building journey. How they are attended to either promptly, take ages or not, and the manner and quality they are attended to can define your overall experience.

Most contracts will have a clear process for you to follow to enforce your rights to have the builder attend to the defects and a defined timeline. Always seek professional and legal advice if your builder is not responding to your requests to rectify defects.

Make it stand out

Defects and what should you do

What are defects
Types of defects
When can you notify the builder of defects
How to have defects attended to
What can you do to ensure the builder returns to address defects?
Practical advice

What are defects

Defects can occur during or post completion of a build and are faulty or unacceptable building works.

Works that are generally included are works that are not completed or installed in accordance with building codes, relevant legislation and applicable standards.

Defective works can include defectiveness of product or materials, suitability of the product for application or correct installation of product or material.

Types of defects

Defects are commonly categorised into two categories, structural and non-structural. Depending on which category your defect falls into can determine how and when it can be addressed.

Structural defects generally affect the structural performance and integrity of the building, the health and safety of occupants, and the functional use of the dwelling and water penetration.

Non-structural defects are those not categorised as structural. It can include materials or work that does not achieve a reasonable standard of finish consistent with that expected of a licensed professional. Additionally, it can consist of material or works that have occurred through the settling in period after the build completion.

To assist in understanding and identifying what could be considered defective works, do an online search for a “Standard and tolerance guide” for the state or territory where your build is located.

When can you notify the builder of defects?

For inexperienced home builders identifying defects and having them attended to are often thought of being at the end of the build. It is partially correct because a Defects list is prepared at the end before Practical Completion(PC) and is often undertaken at PCI.

During construction, defects identified during the build are best highlighted during construction rather than at a later point when it becomes impractical to rectify the works.

Identifying genuine defects and incomplete items during construction is often difficult for someone inexperienced in building. It may be beneficial to engage an independent Building Inspector to assist you through the build to identify defects to be addressed through the build.

You can identify and bring defects to the builder's attention at any time during the build.

How to have defects attended to?

Create a list of defects and share it with your builder after talking to them about it rather than sending it and surprising them. Once you have issued the list, request a reply on how and when they intend to address them.

The builder may disagree with you on whether some items are defects from their perspective; if this is the case, you need to work with them or seek professional or appropriate industry advice to support your position and arrive at a mutually agreeable position.

Most builders will generally address the defects in a timely and acceptable manner. If your builder doesn't attend to the defects in a timely or satisfactory manner, you will need to refer to your contract to identify if there is a contractual mechanism to enforce them to address the defects.

Hopefully, you still have a mutually respectful relationship with your builder to talk through these items effectively towards the end of the build. If the relationship has sadly deteriorated, maintain a composed and considerate level of communication.

If you have experienced poor or aggressive communication from your builder, try to refrain from responding similarly, as it will achieve nothing. Try to remain calm and maintain the moral high ground knowing that your contract(check your contract) often has a process to enforce their return to address defects.

What can you do to ensure the builder returns to address defects?

If you need help having the builder return to undertake the defects, either check your contract and identify what it says about attention to defects or seek legal or construction knowledge advice.

Once you have issued the Defects list to the builder, hopefully, they will return in a timely manner to attend to any of the outstanding items.

If you have shared your list with the builder and their attention to the defect is slow or unsatisfactory, find the balance of being the squeaky wheel to have things moved along instead of contacting them daily. Consider sending the list weekly to request an update on completed items and share any additional ones that may come to the surface.

If you follow the procedure outlined in your contract and are still waiting for a response or satisfactory outcome, some home warranty insurance policies may cover you by assisting in achieving a result.

Home warranty insurance is like any insurance policy; there is a lot of small print, so you need to be aware of your obligations and the timing of actions to ensure you do not void your right to claim successfully.

Be mindful that most home building warranties have time limitations which may vary depending upon the type of defect. Contact your home warranty provider to seek advice or assistance to resolve the matter.

This article is not legal advice nor a substitute for obtaining professional advice. Always seek legal advice before taking action, especially if you lack the professional expertise and experience to address the situation.

Practical Advice

Defects are a part of building; however, you should not have to wait forever to have them attended to. Try to do these things to have them attended to properly and in a timely manner:

Keep a list of defects and monitor the builder's attention to the items.
Send a regular reminder seeking updates on the action.
Check your contract for your and the builder's obligations to address defects rectification.
If you have little success with your builder, make enquiries about whether your Home warranty insurance can assist.
Take action promptly to avoid the builder stretching the process out by working on your good nature.
Seek legal advice if progress is not as you would reasonably expect.

If you need more help navigating your home build journey, check out Dreams to Reality, your home build companion course, which is curated to help you navigate your journey from start to finish.

Good luck on your journey. Feel free to drop us a line at Dddreamhouse or join our Facebook group to hit us up with any questions and see if we can help you navigate your home build journey.