Fields of Expertise


Home Building Law

Services for Home Owners

A major focus of our firm is looking after home owners. For example, we can help you if you:

You want to claim on your home owners warranty insurance

If the builder has died, disappeared, become insolvent or failed to pay a money order made against him by the Consumer Trader and Tenancy Tribunal, you are entitled to claim under the Home Owners Warranty Insurance. In those circumstances, these are the things we will do for you:

  • We will check to make sure you are not running out of time to make a claim -You must claim for any losses during the periods of insurance coverage of the insurance contract. That coverage varies with respect to the nature of the claim. In that regard the Home Building Act provides:

    103B Period of cover(1) A contract of insurance must provide insurance cover for loss arising from non-completion of the work for a period of not less than 12 months after the failure to commence, or cessation of, the work the subject of the cover. (2) A contract of insurance must provide insurance cover for other loss insured in accordance with this Act for a period of not less than: (a) in the case of loss arising from a structural defect within the meaning of the regulations—6 years after completion of the work, or (b) in the case of loss arising otherwise than from any such structural defect—2 years after completion of the work.

  • We will advise you of the category your loss falls into and the date that time runs out.
  • We will carefully scrutinise the insurance contract. Although insurance contracts generally comply with the Act and regulations they sometimes have significant differences.
  • We will lodge a claim on the insurer in respect of the work.
  • We will invite the insurer to inspect the works.
  • We will engage a building expert on your behalf to inspect the works and make a detailed report on the defects and the cost of rectifying them in support of the claim.
  • Should the insurer reject your claim we will lodge an appeal within 30 days with the Consumer Trader and Tenancy Tribunal. If the insurer fails to accept or reject the claim in 60 days from the date of lodging it with the insurer, that is a deemed rejection and we will lodge an appeal with the Tribunal.
Peter Merity

If you'd like help in claiming on your Home Owners Warranty Insurance, you can contact us through the contact form link on the right or call Peter Merity on (02) (9689 3992) by clicking on the button. You may also email him directly at pmerity@petermerity.com.au

Services for Home Owners

A major focus of our firm is looking after home owners. For example, we can help you if you: