At Confident Building we guarantee all our work.
The law requires builders to meet certain obligations when they do building work. These are called:
- 'warranties' in the Domestic Building Contracts Act 1995, and
- consumer guarantees’ in the Australian Consumer Law.
You have rights under both laws.
Consumer guarantees and implied warranties apply by law and cannot be signed away. You can use your implied warranties to make sure your building contractor:
- uses good workmanship
- delivers everything listed in your contract
- ensures everything is in working order.
Warranties under building law
Builders and tradespeople must honour the implied warranties in the Domestic Building Contracts Act, which require that they:
- carry out the work in a proper and workmanlike manner, in accordance with the plans and specifications set out in the contract
- ensure all materials supplied are good and suitable for the purpose and are new, unless otherwise stated in the contract
- carry out the work in accordance with all laws and legal requirements
- carry out the work with reasonable care and skill and complete works by the date (or within the period) specified by the contract
- ensure new homes, extensions, renovations, repairs and kit homes (or similar) are suitable for occupation when completed
- ensure other types of work and the material used are reasonably fit for the intended purpose.
Implied warranties automatically apply to all building work, regardless of the cost or whether or not there is a written contract.
These warranties transfer to a new owner for up to 10 years from completion of the work.
This right transfers to a new owner if the property is sold within this time.