Stage 4 of the Strata Building Bond and Inspections Scheme is the rectification of the defects identified in Stage 3: Interim inspection and report. The developer is responsible to rectify the defects identified in the Interim Report, who will liaise with the builder. The defects must be rectified between 18 to 21 months following the date of the Occupation Certificate.
The builder is responsible for organising access to lots that are affected by defects by serving a notice to the owners corporation 14 days prior to entering the strata scheme. The owners corporation have an obligation to allow access to the builder to carry out the works.
Now, what if the developer is not on good terms with the builder? Or what if the builder is not available?
If the original builder is not available, the developer is required to arrange for another builder to do the rectification work. In this case, it will cost the developer and original builder more. The developer will have to pay the new builder more as they are taking on the liability of a build they were not originally responsible for, as well as delays in finding a new builder; and the original builder and developer will most likely be caught up in legal matters which is also a costly exercise both in time and money for everyone involved.
I guess this is encouraging better working relationships to be fostered and maintained to ensure the successful completion of a project beyond just the construction phase.
Once, the defects have been rectified or the 24-month period has expired then the inspector must be called out again and Stage 5 commences. This is explained in the following blog.