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Fenwick Elliott Grace is an Australian law firm based in Adelaide and Darwin, specialising in construction, energy and engineering projects. The firm is designed to provide world-class professional standards in this specialist field without large firm overheads.




Construction Law Updates

No. 1509

The right to fix defective work

In Update 1509 we examine the balancing act between the builder’s right to rectify its defective work and the owner’s right to insist on the rectification work being done in a particular way. In general, when defective work is found on a completed build, the builder has a right to go back and rectify.

However, this is a right that can be lost by the builder’s conduct, such as a persistent refusal to admit the scale of the problem. Equally, owners can jeopardise their right to claim compensation for work done by others if they unreasonably insist on unnecessary work.

The NSW Supreme Court has recently set out the guiding principles that inform the decisions to be made by parties in this situation.

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