Residential Building Work

Under the Home Building Act 1989 (NSW), builders are required to provide certain warranties to homeowners, including that the work will be done with due care and skill and will be reasonably fit for the specified purpose. In the Murphy case, the court found that the retaining wall constructed by the builders was classified as ‘residential building work’ under the Act, even though it was built before the construction of the dwelling.

Rectification Works

If you are a homeowner who has discovered defects in your property, you may be entitled to rectification works under the Home Building Act 1989 (NSW). However, it is important to note that rectification works must be reasonable and necessary to bring the works in conformity with the original contract. In the Murphy case, the court found that the rectification work carried out by the plaintiff was not reasonable or necessary to bring the works in conformity with the original contract.

Related Content: Homeowners’ Guide to Rectifying Building Defects in New South Wales

Damages for Distress and Inconvenience

Homeowners may also be entitled to damages for distress and inconvenience arising from any defects in the property. In the Murphy case, the court awarded the plaintiff $5,000 in damages for distress and inconvenience arising from concern about damage to her property and damage to her neighbour’s property due to the collapsed wall and any prospective liability she may face.

Conclusion

As a homeowner in New South Wales, it is important to be aware of your rights under the law. If you are facing any issues with defects in your property, it is advisable to seek legal advice to determine your rights and options. The case of Murphy v Zubkrycki & Anor [2020] NSWDC 538 provides valuable guidance on the obligations of builders and the rights of homeowners under the Home Building Act 1989 (NSW).