When is the deadline for proceedings for breach of statutory warranty: major defect?
The catalogue records a 6 years period from Completion of the residential building work to which the warranty relates. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- Completion of the residential building work to which the warranty relates
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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- s 18E(1)(e): if the breach of warranty becomes apparent within the last 6 months of the warranty period, proceedings may be commenced within a further 6 months after the end of the warranty period. s 18E(1)(f) defines when a breach becomes apparent. s 18E(1A) extends the 2 year period where a building bond has been lodged under Pt 11 of the Strata Schemes Management Act 2015. Not computed.
- Corrected on verification: the researched entry cited s 18E(1)(a) for the 6 year major defect period. s 18E(1)(a) contains no period at all; it merely requires proceedings to be commenced before the end of the warranty period. BOTH the 6 year major defect period and the 2 year residual period are in s 18E(1)(b), and the start date is in s 18E(1)(c). "Major defect" is defined in s 18E of the Act and the classification of the defect determines which of the two periods applies. Where the work is not completed, s 18E(1)(d) fixes an alternative start date by reference to termination of the contract, cessation of work, or the date of the contract. Section text verified verbatim against the current consolidation of the Home Building Act 1989 (NSW) on legislation.nsw.gov.au.