In recent times, the construction industry has seen significant changes due to heightened expectations of duty of care. This shift is particularly evident with the implementation of the Design and Building Practitioners Act 2020 (NSW), which has expanded avenues for legal recourse in cases of defects and economic loss across all classes of buildings.
We were recently appointed as Building Expert witnesses in a civil court case involving a class 1 building dispute. The court proceedings included all parties involved—builder, site supervisor, and developer—demonstrating the broad scope of accountability under the current legislation.
The new Act stipulates that duty of care is applicable not only to residential projects but to all building classes, signaling a potential increase in claims. This underscores the necessity for Developers, Builders, Building Supervisors, and other construction professionals to adhere to rigorous standards of care. Key practices include implementing robust quality control systems and developing comprehensive maintenance manuals at handover to address long-term upkeep concerns, particularly for Strata buildings.
This evolving landscape demands that all involved in the building process remain vigilant and proactive in upholding their duty of care.
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