The Building Defects Lawyer Who Recovers What Builders Won't Fix
Most people don’t call a building defects lawyer until cracks appear in the walls, water seeps through the ceiling, or the builder stops answering calls about substandard work.
Lazarus Legal helps NSW property owners enforce statutory warranties, recover rectification costs, and hold builders accountable when defective construction makes your property unsafe or unliveable.
The Defects Builders Leave Behind
Building defects aren’t just aesthetic problems. They’re structural failures, waterproofing disasters, and fire safety breaches that make homes unsafe or unliveable.
Under NSW law, builders owe you statutory warranties. Six years for major defects like structural problems, fire safety failures, or waterproofing that doesn’t work. Two years for everything else.
But here’s the reality: most builders deny responsibility, blame subcontractors, or claim the defects were caused by something you did. Meanwhile, your property loses value, repairs get more expensive, and the warranty clock keeps ticking.
Builders Bet You Won't Get Legal Help
Property owners without legal representation get stonewalled. Builders know most people won’t pursue NCAT claims or litigation. They bank on you accepting substandard work because fighting back seems too hard.
That calculation changes when you have a building defects lawyer who’s filed these claims before and knows exactly how the Home Building Act works. We assess the defect, gather expert reports, and enforce your statutory rights under NSW building law. We don’t negotiate from weakness.
The Building Defects Lawyer Team That Proves Causation
Led by Mark Lazarus, our team has handled over 160 construction-related matters across Sydney and NSW, from residential apartment defects to commercial property disputes. We work with structural engineers, building inspectors, and quantity surveyors who can quantify damage and prove causation.
What Other Lawyers Miss
When we take on a building defect case, we start with one question: can we prove the breach and recover actual compensation? That means reviewing your building contract, checking warranty periods, obtaining expert evidence, and assessing whether the builder or developer has assets worth pursuing. Standard lawyers miss this commercial assessment. They file claims without checking if the defendant’s worth suing or whether the defect falls within statutory timeframes.
Every building defect matter is handled by senior lawyers who understand the difference between cosmetic issues and major structural failures. We’ve pursued claims against head contractors, developers, and building certifiers across Local Court, District Court, and NCAT. Clients receive clear written advice on prospects, costs, and realistic outcomes before we commence proceedings.
The Defects That Justify Legal Action
Not every crack or leak justifies legal action. These are some of the defects that breach statutory warranties and give you strong grounds to pursue compensation.
Structural Defects in New Construction
Cracks in load-bearing walls, sagging roofs, or foundations that weren’t built to code. These are major defects under the Home Building Act. You have six years from completion to commence proceedings. If the builder claims the defects are “cosmetic” or “within tolerance,” you need expert engineering reports and legal representation to prove otherwise.
Waterproofing Failures
Water infiltration through balconies, bathrooms, or external walls damages the building and creates health hazards through mould. Waterproofing is a major building element under NSW law. Builders often blame maintenance or building movement, but proper waterproofing shouldn’t fail within six years of completion.
Non-Compliant Fire Safety Systems
Fire-rated doors that don’t close properly, missing smoke alarms, or penetrations through fire walls without proper sealing. These defects make the building dangerous and usually breach the Building Code of Australia. Councils can issue compliance orders forcing immediate rectification.
Defects in Strata Buildings
Owners corporations face unique challenges when pursuing defect claims. You need 75% agreement for major decisions, coordinated expert reports for multiple units, and strategies that protect all owners. We’ve represented owners corporations in multi-million dollar defect claims against developers across Sydney.
Building Products That Were Banned
If your builder used combustible cladding, defective waterproofing membranes, or other banned building products, that’s automatically a major defect under NSW law. The statutory warranty applies even if the builder followed the plans. The Design and Building Practitioners Act means developers can’t hide behind subcontractors anymore.
Incomplete Work After Builder Abandonment
Builder walks off site. Work’s not finished. You’ve paid deposits or progress payments. The Home Building Act still provides statutory warranties for completed portions, and you may have claims under the Home Building Compensation Fund if the builder’s insolvent.
Thank you to Barry, Hanna, and the Lazarus Legal Team for helping my wife and I with the purchase of our first home! The process was so streamlined and hassle free. The team was so dedicated I believe Hanna even progressed our matter during her holiday. Grateful for your attention to all the details and personally looking after us! 😊 The team’s promptness in facilitating the matter was stress free and I cannot recommend Lazarus Legal enough!
I highly recommend Mark and the team at Lazarus Legal. They assisted me with reviewing and negotiating a commercial lease. The entire process straightforward and stress-free. Thank you!
Lazarus Legal are amazing. Absolute game changers. A friendly and dynamic team with fabulous offices. Good listeners with genuine knowledge of all sectors. Fast thinkers and really take the time to understand your business. What I love most is they work with and wholeheartedly encourage start ups. Highly recommend. A ++
- Warranty period running out?
Get Your Claim Assessed Today
Book a consultation with our building defects lawyer team and get clear advice on your statutory warranty rights, whether your defects qualify as major under NSW law, and realistic compensation prospects. We review your building contract, assess warranty timeframes, and determine if the builder has assets worth pursuing. No jargon, no pressure. Just practical guidance on whether to pursue NCAT proceedings, negotiate settlement, or cut your losses. Contact Lazarus Legal today to discuss your building defect claim.
Questions Property Owners Ask Their Building Defects Lawyer
What does a building defects lawyer actually do?
A building defects lawyer enforces your statutory warranty rights under the Home Building Act when builders refuse to fix defective work. We review building contracts, obtain expert evidence from structural engineers and building inspectors, and pursue compensation through NCAT or court proceedings. Our role includes assessing whether defects qualify as “major” under NSW law, checking warranty timeframes, and calculating damages including rectification costs and alternative accommodation. We also defend builders and developers facing defect claims when the allegations lack merit. The process typically involves pre-litigation negotiation, formal demands, expert conferences, and if necessary, contested hearings where we present engineering evidence and cross-examine the other side’s experts.
How long do I have to make a building defect claim in NSW?
You have six years from completion of work to commence proceedings for major defects, and two years for all other defects. Major defects include structural failures, waterproofing problems, and anything affecting fire safety under the Home Building Act 1989. If your building work was never completed, time runs from when the contract was terminated or the work stopped. Some defects take time to appear. If a defect becomes apparent in the last six months of the warranty period, you get an additional six months to start proceedings. Missing these deadlines permanently bars your claim regardless of how serious the defect is. Courts cannot extend time unless you can prove fraudulent concealment. That’s why early legal advice matters. At Lazarus Legal, we assess warranty timeframes during initial consultations.
Can I sue the builder if they used a banned building product?
Yes. Using a banned or prohibited building product is automatically classified as a major defect under NSW law, regardless of whether the builder followed design plans. The Building Products (Safety) Act 2017 prohibits certain combustible cladding materials and defective building products. If your building contains banned products, you have six years to commence defect proceedings. Recent High Court decisions confirm that developers and head contractors cannot avoid liability by blaming subcontractors who installed the banned products. The Design and Building Practitioners Act creates non-delegable duties of care, meaning the head contractor remains fully liable for all construction work including subcontractor errors. Building defects lawyers gather evidence showing which banned products were used, when they were installed, and the costs of removal and replacement.
What's the difference between major and minor defects?
Major defects affect structural integrity, fire safety, or waterproofing, and carry a six-year warranty period. Examples include cracked foundations, failed waterproofing membranes, non-compliant fire doors, or any defect that makes the building unsafe or uninhabitable. Minor defects cover everything else such as cracked tiles, paint finish problems, or doors that stick, with a two-year warranty. The distinction matters because it determines your timeframe to sue and the potential compensation. Courts assess whether the defect affects a “major element” of the building as defined in the Home Building Act. Building defects lawyers work with structural engineers to classify defects correctly, as builders often downgrade major defects as “cosmetic” to avoid liability. Some defects start minor but cause major damage over time, like small leaks that eventually compromise structural timber or create dangerous mould.
How much does it cost to hire a building defects lawyer in Sydney?
Legal costs vary based on whether your case settles early or proceeds to contested hearing. Simple defect claims resolved through pre-litigation negotiation typically cost $5,000 to $15,000 in legal fees. NCAT proceedings taken to hearing generally cost $20,000 to $50,000. Supreme Court construction litigation can exceed $100,000 for complex matters involving multiple experts and lengthy trials. At Lazarus Legal, we provide detailed cost projections before commencing any defect claim, with regular updates as matters progress. Some matters suit contingency or partial contingency arrangements where legal fees depend on recovery. We assess your building contract, expert reports, and the defendant’s financial position during initial consultations to determine whether litigation makes commercial sense. Sometimes the best advice is don’t sue, especially when rectification costs $30,000 but legal fees will cost $40,000 chasing a bankrupt builder.