Yes the developer has agreed to fix defects but are owners corporations compromising?
A less than reasonable scope of works (SoW) is not a new term; lawyers representing owners corporations very clearly understand that yes, a developer will likely agree to rectify the defects, but are owner’s corporation’s compromising with the rectifications.
Being a building management company dedicated to defect management and on the ground litigation support, less than reasonable SoW is a situation I am managing all the time. Listening to the Building Commissioner David Chandler OAM highlight this point a few days ago was refreshing.
When dealing with developers and their remedial teams, treating every discussion as a meeting and providing official meeting minutes of SoW and rectification timeline conversations is possibly the most important task I perform.
From major defects down to a simple lack of finish off, an owners corporation may be delighted that their developer has agreed to rectify all of the consolidated defects, but when the cost is on the developer’s dollar, often there is a lot of treating symptoms and not the cause.
A recent Q&A answer from structural engineer Ayman ElTantaw highlighted eloquently what happens when the symptoms and not the cause are treated.
Not all developers and their remedial contractors should be tarred with the same brush; there are some great developers who are changing our beautiful city with some extraordinary buildings.
As a non expert lucky enough to be dedicated to the defect space, surrounded by extraordinary engineers, strata and construction lawyers and strata managers, we are all committed to supporting owners corporations to ensure that owners corporations are not sold short.