Build a defects schedule and demand under the NSW DBPA, Home Building Act or Vic DBCA
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Turn inspection reports into a defects schedule and draft demand, tagging each item to a report page and listing limitation facts needed under the applicable statute.
- What the lawyer must review
- Apply DBPA s 37: non-delegable, no proportionate liability
- Check Pafburn v The Owners – SP 84674 [2024] HCA 49
- Note certifiers are outside the s 37 duty
- Check limitation: DBPA 10-year long-stop; HBA major 6, minor 2 years; Vic DBCA 10 years
- Class 2: check the strata building bond (rise from 2% to 3% deferred to 1 July 2028)
- Check cladding schemes and the expert code
- Written for / version
- Australia versionAU
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and extracting and organising information. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.