460. Voting to ignore the DBPA | trust audits | an insurance win
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Reena Van Aalst and I are back on the couch – this time live from the Gold Coast. From a committee asking owners to ignore the Design & Building Practitioners Act, to the insurance claim settled for over $300K, we’re diving into the week’s biggest challenges.
Fantastic podcast. We’re living the same DBPA experience with a property right now.
Thanks Amanda and Reena – your unbiased insight is always invaluable.
Our Building Management company was managing a building recently with this exact scenario. We had followed all the right procedures, engaging an engineer to facilitate the remedial repairs to the roof and waterproof membrane. When it came time to tender the work, on owner denied the work and costs involved, insisting it should be considered as maintenance repairs, rather than getting a regulated design via the Design Practitioners Act.
We have since ended the contract with the building before this developed further, but I would be very interested to hear how Reena’s case eventuates. Please revisit this as it progresses!
Hi Amanda Farmer Mark Quinn here. I would like to say that the DBPA 2020 that you refer to as a law is very ambiguous and is not in sequence with the SSMA2015 legislation 106 strict rules to maintain and repair of the common property because the DBPA 2020 will always recommend a full strip out that is remove and replace as opposed to maintain and repair and this is where a increasing number of lot owners are getting upgrades and enhancements to their lot property finally there is nowhere in the DBPAct 2020 that you have to remove and replace everything in point of law you can also maintain and repair under this act and have no fear of prosecution
Hello,
My take on it — it depends whether to use DBPA or not.
If you are building something lasting, e.g., colorbond roof, which will last more than 10 years anyway even if built with a bit of corner-cutting, there is no benefit from DBPA, do not worry about it.
If you are building something known to be unreliable, like a PVC membraned roof (which would start leaking in 5 – 7 years) or, God forbid, liquid membrane (which will start leaking next year, if not right away) then using DBPA process might give the owners some benefit — more leverage in pursuing defective work. However, the DBPA “registered practitioners” may be tricky and litigious, trying to prove that there were “unforeseeable” circumstances despite their “utmost” duty of care.
Bottom line — a straightforward and simple project run by a reputable builder is much better that tons of DBPA paperwork.
Of course, in some case you just have to do DBPA and pay, e.g., when lodging a DA. It will not be accepted otherwise.
Regards, Alex