Limitation period issues

The insurer did not have time to determine and quantify the claim before the limitation period for the strata plan to sue the builder of the development potentially expired. Accordingly, we engineered an agreement between the insurer and the strata plan which enabled the insurer to commence proceedings in the strata plan’s name against the builder while the insurer continued to investigate the claim. This preserved the insurer’s subrogated rights against the builder.

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Two recent Supreme Court of NSW judgments have determined that a builder does not owe a common law duty of care…

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