The sprinkler system in our 2-year-old high-rise is defective. Who is responsible for the repairs?
We live in a 2-year-old high-rise apartment building. During the build, a sprinkler system was installed in the common areas and lots. A sprinkler in one of the common area walkways is leaking and needs to be repaired or replaced.
The company that installed the system will not repair the leak as the work is outside their 2-year warranty period. Our building manager is organising quotes. Would this be covered by the builder's guarantee period? Is the body corporate responsible for repairing the sprinkler? If the sprinkler unit needs replacing, who is responsible?
The body corporate should be writing to the original builder of the building and demanding that they fix the sprinkler system.
The body corporate has the same rights that the original owner of the scheme land had under the original owner's contract(s) to have work carried out on scheme land that is common property.
Presumably, the original builder of the building engaged the company that installed the sprinkler system as one of their subcontractors.
That being the case, the body corporate might have a claim for damages for breach of contract against the original builder of the building.
The limitation period to sue for damages for breach of a contract expires six years from the date the contract was breached, not when damage was first suffered.
Accordingly, the body corporate should be writing to the original builder of the building and demanding that they fix the sprinkler system.
Irrespective of any right the body corporate may have about the defect, it is still responsible for arranging the repairs under the BCCM legislation.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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