The Victorian Court of Appeal has resolved uncertainty surrounding the limitation period applying to building claims brought under the Building Act 1993 (Vic).

In Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd, the Court of Appeal confirmed that the 10 year limitation period applying under s.134 of the Building Act 1993 (Vic) prevails over the much shorter 6 year limitation period applying under s.5 the Limitation of Actions Act 1958 (Vic).

This limitation period should be carefully considered by builders, owners and insolvency practitioners to ensure that any claim which at first instance seems out of time can be duly prosecuted (or defended on a proper basis).

For more information please contact Simon Gallant.