Section 32 of the Building Work Contractors Act 1995 (SA) implies warranties into domestic building work contracts. These address matters including workmanship, materials, statutory compliance and suitability in the prescribed circumstances. Sections 32(3) and (4) extend relevant protection to subsequent owners. Under s 32(5), proceedings for breach of a statutory warranty must be commenced within five years after completion of the work; s 32(6) prevents extension of that period.
Duncan v Bert Farina Constructions Pty Ltd [2024] SASCA 67 is identified in the Legal Services Commission’s guidance on this strict limitation. A homeowner should not assume that a longer building related period displaces the specific five year statutory warranty deadline. Other potential contractual or negligence claims need separate assessment; they are not automatically available or subject to the same rules.
Obtain the contract, plans, variations, approvals, payment records and dated photographs. An appropriately qualified expert should distinguish defective work from maintenance or unrelated damage and assess a suitable repair scope. Bellgrove v Eldridge (1954) 90 CLR 613; [1954] HCA 36 explains the general importance of necessity and reasonableness when assessing rectification damages. It is not a South Australian statutory warranty decision.
Notify the builder accurately, allow appropriate inspection and keep a record of proposed rectification. Urgent work needed to prevent further damage may require prompt action, but preserve evidence and obtain advice where practicable. Negotiation or a promise to return does not itself commence proceedings. Bring the completion chronology to the first appointment so the deadline and the most useful remedy can be addressed together.
Author: Pei Ling Cao
Last updated: October 2026
Jurisdiction: South Australia, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.