Victorian Supreme Court Of Appeal Clarifies Start Date Of Limitation Periods For Building Defects

On 8 June 2022, the Victorian Supreme Court of Appeal (VSCA) confirmed the commencement date of limitation periods under the Building Act 1993 (Vic) (Building Act). Where multiple occupancy permits have been issued for a building project, this decision has significant industry impacts.

construction law, building lawKatie Gold11 July 2022limittaion period, long stop period, building act, occupancy, urban lawyers, occupancy period, permit guarantees, victorian supreme court, vcsa, construction, building issues, section 134, 10 years

Exceptions To Limitation Periods For Defective Building Work

The recent NSW Supreme Court decision in Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 confirms that certain claims which are made 10 years after the date of the occupancy permit will not be time barred under section 134 of the Building Act 1993 (Vic). In Victoria, there are two Acts which prescribe limitation periods, namely Section 5 of the Limitation of Actions Act 1958 (Vic); and Section 134 of the Building Act 1993 (Vic).

construction law, building lawKatie Gold12 May 2020exceptions to limitation periods, defective building, urban lawyers, nnsw, nsw, supreme court, acts, building act, australian rail case, leighton contractors, victorian supreme court, 134, defective building work

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