SYSTEMIC FAULT IN BUILDINGS Reported 08/09

In the Supreme Court a body corporate at Pyrmont won damages against the Office of Fair Trading (NSW) which is the statutory insurer for the strata property. Held that although some defects such as a leaking bathroom were not reported in the original insurance notification period they could be included in future claims because they were part of widespread systemic construction flaws.

Therefore, once a defect is found to be systemic and provided the original notification was made withn the correct time, it does not matter when the later notification is made.