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Strata owners warned on cladding claim time limits

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Strata owners risk being unable to claim under statutory warranties for illegal cladding if they allow time limits to elapse, strata and construction lawyer David Bannerman has warned.

Recent changes to NSW legislation mean building contracts issued after February 1 2012 have a two-year time limit. A seven-year deadline applied for previous contracts.

“The chain of people responsible for the proliferation of non-complying material used in apartment construction is long, from the importer to the designer, builder and certifier,” Mr Bannerman said.

“Different warranty periods apply at each stage of the supply chain, but one thing is certain: time is fast running out for many owners to make a claim under the statutory warranty.”

Cut-off dates are non-extendable, and many clients have missed out by a day or weeks through acting too late, he says.

Lannock Strata Finance CEO Paul Morton says a focus on risks posed by non-compliant cladding has increased pressure on the community to address safety concerns.

“The very real threat to life posed by non-compliant composite aluminium cladding means failure to act now, when so much is known about the risk, would have serious consequences in terms of culpability,” he said.