Defective Waterproofing Membranes

We acted for the Owners Corporation of a set of multi-story units located at Port Macquarie.  The defendant was the builder who was responsible for any defective works under the Home Building Act 1989.

On behalf of our client, we obtained a very detailed expert witness report from a highly qualified waterproofing expert.  This process required us to have several conferences with the expert in order to have the expert address all of the relevant issues in his report. Waterproofing membranes are obviously very important, particularly on the roof of multi-story buildings because, if they leak, water damage to the units below can be extensive and very expensive to repair.

Proceedings were filed in the Supreme Court of NSW, as the damages claimed exceeded $750,000.00.  After the matter was mentioned in Court for Directions, a Mediation was held in Sydney in an effort to negotiate a settlement.  The discussions at the Mediation were quite robust, with both sides represented by a Barrister and their Solicitors.  The matter did not settle at the Mediation.  However, through ongoing settlement discussions post-Mediation, the matter was eventually able to be settled with the builder agreeing to install a new compliant waterproofing membrane at its expense and agreeing to pay a large portion of our client’s costs.

The case highlighted the need to have detailed and robust expert evidence from an appropriately qualified expert.  The expert evidence we obtained was, no doubt, a large part of the reason the matter was able to be settled for such a good result.

If you or your Owners Corporation require advice or assistance regarding a defective waterproofing membrane or other building defects, please contact our Solicitor Clint Braid on (02) 6621 8833 or email clint.braid@spwalters.com.au