Question: Our builder has gone into liquidation and Builders Warranty Certificates have been issued by the Master Builders Fidelity Fund (MBFF). Can we claim for common property issues on builders warranty?
Our Unit Plan is class B with 6 townhouses, last unit sold a few months ago.
The building company has gone into liquidation. Builders Warranty Certificates were issued for each townhouse by the Master Builders Fidelity Fund (MBFF).
It is unclear to me that we can make a claim for building issues on common property – in this case, stormwater management related. Can we claim for common property issues on builders warranty?
Answer: There are a few pitfalls to making a claim on the MBFF
Following on from the Full Federal Court decision in Elara Apartments there are a few pitfalls to making a claim on the MBFF.
If you wish to fully understand the operation of this quite complicated ‘insurance’ product, I suggest you read and consider the Full Federal Court decision which is attached here: The Owners – Units Plan No. 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227 (13 December 2019)
You will note that Christopher Kerin acted for the Owners – Units Plan No 3115.
Please advise as to the name of the builder and the address of the property and units plan number?
In short, I am available to be engaged by the owners to assist in making a claim.
This post appears in Strata News #505.
Christopher Kerin Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060