The previous uncertainty surrounding the length of time in which home owners could bring a claim against builders has now been clarified by the Supreme Court of Victoria.
In the case of Brirek Industries v McKenzie Group Consulting the court found that builders (and others providing contracts for building work) remain liable under that contract for 10 years.
Time is calculated from the date of issue of an occupancy permit, or where there is no permit, the date of issue of any certificate of final inspection of the building work. Before the decision in this case it was uncertain whether the relevant period was 6 years. The decision of the court means the same limitation period applies whether a claim is made under a contract or in negligence