If your newly constructed or recently renovated home has sprung a leak during the past week’s weather, you may be wondering whether to notify your builder or make a claim on your home and contents insurance—or both.
It’s essential to determine the likely cause of the leak. In many cases, further investigation may be needed to confirm the source. However, below is a general guide to help you navigate your next steps.
When to Contact Your Insurer
If the leak was caused by damage from a weather event—such as a fallen tree or a blockage from storm debris—your home and contents insurance policy may cover the repair costs and consequential damage. In this case, it’s important to contact your insurer as soon as possible to initiate your claim.
Home and contents insurance policies usually exclude liability in relation to defective building work.
When to Notify Your Builder
If the leak appears to be gradual or there is no clear evidence of storm-related damage, you should notify your builder immediately in writing and request your builder to undertake an urgent inspection. If the issue is as a result of a defect in the builder’s works, the builder should then be requested to rectify the defect including any consequential damage.
Even if the usual 12-month defect liability period has expired in your building contract, it is still crucial to provide notice to your builder as a builder’s liability for defective work does not end after 12 months.
Under the Queensland Building and Construction Commission’s Rectification of Building Work Policy, strict time limits apply for lodging defective works complaints, so prompt action is necessary. If your builder ignores your request to inspect and rectify, you should be aware of these timeframes and promptly act or obtain legal advice.
Need Legal Advice?
Whether you’re a homeowner dealing with a leak or a builder responding to a defect claim, Construct Law Group can provide advice.
This article is provided for general information and educational purposes only and should not be taken to be legal advice. Each set of facts is different and therefore you should obtain specific legal advice. If you require advice, please do not hesitate to contact our team on (07) 3139 1874 or email us at info@constructlaw.com.au.
