The NSW Supreme Court clarified what #stratatitle buildings need to prove in building defect claims for combustible cladding in Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958.
The decision says that if the cladding doesn’t meet the Deemed to Satisfy provisions of the BCA the statutory warranties are breached unless the builder or developer can prove that an alternate solution was properly implemented and that the usual measure of damages is the cost of replacement compliant cladding.
It’s a great win for all strata buildings with combustible cladding and for strata building defect claims.
You can read Davidson Legal’s summary here …
And, you can find the judgment here …
#stratamadness