Background
Summary of the Case
The Tribunal reviewed the evidence presented by both parties and found no established error of law or difference to the outcome due to potential errors of law. The primary findings were not against the weight of the evidence that was properly considered by the primary member. As a result, the Tribunal refused leave to appeal and dismissed the appeal.
The Tribunal cited CATA s 81, which provides for appropriate relief on appeal, including allowing or dismissing the appeal, confirming, affirming or varying the decision under appeal, quashing or setting aside the decision under appeal, or quashing or setting aside the decision under appeal and substituting it for another decision.
The Tribunal also considered the issue of costs and found that the respondent, the building company, was entitled to its costs of the appeal. The respondent had successfully defeated the appeal, which was based on a claim that exceeded $30,000.
Lessons Learned for Homeowners
This case highlights the importance of proper inspection and documentation when entering into a construction contract. Homeowners should ensure that they thoroughly inspect the property during and after construction and document any defects or issues they observe.
Additionally, homeowners should ensure that they clearly outline their expectations in the contract and include provisions for proper waterproofing and other necessary measures to prevent damage.
On the other hand, builders should ensure that they perform their work to a high standard and properly document their work to protect themselves from potential disputes. Builders should also ensure that they are familiar with and adhere to all relevant building codes and regulations.
How a Residential Construction Lawyer Can Help
The Bajimaya v Reward Homes Pty Ltd case serves as a reminder of the importance of proper inspection and documentation in construction projects. Homeowners and builders alike should take steps to protect themselves from potential disputes by clearly outlining expectations and adhering to all relevant codes and regulations.
If you’re a homeowner who has experienced construction defects or delays with your newly built home, it’s essential to seek legal assistance from a residential construction lawyer. With their expertise, they can guide you through the legal process and ensure that your rights as a homeowner are protected.
In the case of Bajimaya v Reward Homes Pty Ltd [2021] NSWCATAP 297, the homeowner’s decision to seek legal help led to a successful outcome in their claim against the builder for defective workmanship. A residential construction lawyer can help you navigate the complexities of construction law and provide you with valuable insights and guidance.
Don’t let construction defects or delays impact your quality of life. Contact a residential construction lawyer today to help you understand your legal options and protect your rights as a homeowner. Take the first step towards finding a solution by scheduling a consultation with a residential construction lawyer today.
