Question: Our body corporate has just discovered concrete spalling in the building. This will cost around $1.2 mill to fix. The builder went broke and we’re wondering whether we can make a claim against the Certifier?
Two years ago we purchased an apartment in Brisbane. Our body corporate has just discovered the building has concrete spalling. The Engineer Report states that the spalling is due to insufficient concrete cover at the edges of the balconies. Isn’t this something the Certifier should have picked up?
The cost of the repairs is expected to be around $1.2m. We have 98 units in the two affected buildings, so that’s a significant cost to each owner. We’ve been advised that the builder went broke and we’re wondering whether we can make a claim against the Certifier?
Answer: A body corporate has a number of options to pursue a certifier for defects at the Scheme.
Like with builders, a body corporate has a number of options to pursue a certifier for defects at the Scheme.
These include:
- a complaint to the QBCC for unsatisfactory conduct or professional misconduct of the certifier;
- commencing proceedings against the certifier; and
- commercial negotiations with the certifier.
These claims can be more difficult to pursue, however, as the body corporate will need to be able to demonstrate that the building defect was so obvious at the time of certification that the certifier should have reasonably identified it.
Like with all building defect claims, the appropriate approach to be taken by the body corporate will be determined by a consideration of the cost of the repairs, urgency of the repairs and progress being made with the certifier (or any other responsible party) regarding the defects.
Francesca Barnes
Mahoneys
E: fbarnes@mahoneys.com.au
P: 07 3007 3724
This post appears in the August 2022 edition of The QLD Strata Magazine.
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