Too Hot to Handle – Extreme Heat and Building Quality
By Jarrod Gutsa, Legal Consultant, Lovegrove Smith & Cotton
February 2014
As temperatures continue to sore each summer, how will homes cope with the increase in hot weather. Building abnormalities caused by heat may not always be apparent to an Owner or a Builder upon final inspection prior to hand over. Issues with the building may only crystallize in certain weather conditions.
Home owners in Victoria are protected by the statutory warranties under s8 of the Domestic Building Contracts Act (DBCA). Section 8 (b) states : “the builder warrants that all materials to be supplied by the builder for use in the work will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the contract, those materials will be new.”
Although not conclusive, this may provide protection for the Owner of a new home. Although the author does not profess to be an expert on climate change, it is becoming increasingly common to have an extended heat wave of consecutive days over 40 degrees. This would by implication require the Builder to ensure that all materials supplied for the work will be good and suitable for the purpose for which they are used.
If one is considering building a new home in Victoria, and wishes to put it beyond doubt that all items must be capable of withstanding a Victorian summer, then state exactly what you want. Section 8 (f) of the Act says: “if the contract states the particular purpose for which the work is required, or the result which the building owner wishes the work to achieve, so as to show that the building owner relies on the builder’s skill and judgment, the builder warrants that the work and any material used in carrying out the work will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that result.”
Thus if the intended purpose is stated in the contract or the result that the Owner wishes the Builder to achieve, the warranty under s 8 (f) will be applicable.
Building Materials are constantly changing, innovating and becoming more efficient. One would hope that with an increase in higher temperatures the materials being used will be suitable for their intended purpose. Air-conditioning is a hot item in this discourse, so to speak. An article on point is: Traditional Air Conditioning Could Soon Be Obsolete – published on the construction industry news outlet, Sourceable. Click here to view the article.
This article by no means contends that there is a plethora of new homes being built that can’t withstand a Melbourne summer. However ‘constant vigilance’ in regards to the quality of building is needed to ensure that homes continue to be built to the highest standards, and with an eye to energy efficiency also.
By Jarrod Gutsa, Legal Consultant, Lovegrove Smith & Cotton
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© Lovegrove Smith & Cotton 2014
