SAMPLE QUESTIONS & ANSWERS

Our Newly Built Home and it’s Structural Defects

 

 

Dear Lawyer,

               We are newly weds and have recently bought our first home. It is a townhouse, which was completed by a property development company two months before we moved in.

 

Structural defects have now begun to appear through out the house. We are strongly considering bringing action against the developer and builder but they insist that it was the fault of the Council for not adequately inspecting the footings while the townhouses were under construction.

 

Please inform me as to the potential liability and success of suing the council.

 

                                        Mr and Mrs J Parker, Perth, Western Australia.

 

Mr & Mrs Parker,

                     Due to the fact that no contract exists between you and the Council, the solution all boils down to whether the Council owes you a duty of care and if so, whether the negligent inspection of the house caused you both to suffer damage.

 

If a duty of care cannot be directly established between you and the Council, then their negligent inspection cannot be used or give rise to a duty in the Council to ensure that you do not suffer economic loss (damage).

 

Unfortunately, it appears to as that the Council was not in breach of any duty it owed to you. The reason is that in order to establish a duty of care, there must be what the law describes as proximity. That is, a reasonable connection between the parties.

 

Therefore, even though, it is obvious that some carelessness existed on the part of the Council, it was not in breach of any duty it owed to you. We consider that the court would determine that the relationship between you and the Council did not have the element of proximity necessary to give rise to the Council owing you a duty of care.

 

Your only course of action would be to sue the developer and the builder.

 

 

 

Limitation Period:- Please note that in Western Australia, (as it varies in every state), you must commence your action within six (6) years. Otherwise, you may not be able to bring a claim unless extraordinary circumstances arise as a result of your delay in commencing proceedings.