Pay Close Attention To The Glass/Windows You Are Installing

In New South Wales, and throughout Australia, there are Regulations that govern the installation and maintenance of glass and windows in buildings, such as AS 1288 and AS 2047. A contractor may enter into an agreement to either supply and install or install only to their clients.

CASE STUDY 1

An owner decided that it would be cost effective for them to supply the windows and glass to be installed by their glass contractor. That consumer purchased and shipped glass/windows from China. These were promptly installed. On inspection by a building consultant/ certifier it came to light that these products were not compliant with the required Standards here in New South Wales, nor were there any Compliance Certificates. The owner made a claim (of over $200,000) against the glass/window installer, as they had relied on the expertise of their glass/window installer to ensure that there would be no issues with the products. Of course, by the time the case was ready to be heard in court, the prices of labour and materials had increased, which meant that the glass/window installer was looking at a much higher lawsuit. To save on upcoming legal and experts costs all parties entered into a settlement.

CASE STUDY 2

A developer entered into a contract with a builder to carry out the construction of townhouses. That developer contracted directly with a glass manufacturer to manufacture, supply and install glass and windows. The builder’s sub-contractor on-site helped unload the glass and assisted in installing.

A year later, after torrential rain, the windows failed, and the townhouses were flooded. The new owners sued the builder. The builder, during the process, showed evidence to the new owners that he was not contracted for the glass/windows however, as the manufacturer had liquidated, the new owners kept their claim against the builder. This was mostly because it was suggested that the builder (or builder’s glass/window installer who assisted) had ‘a hand’ in relation to work around the windows, the framework, and the lintels. They had other relatively small items to claim in addition, but the window’s claim was the largest by far.

Experts investigated and it was confirmed by both the owners’ and builder’s experts that the window manufacturing was at fault. Further, any certification provided by the manufacturer was invalid as it did not comply with the requirements of the Australian Standards.

The owners then argued that they relied on the builder’s expertise and those faults should have been identified and advised at the time of construction.

(As a side note: section 18D of the Home Building Act 1989 (NSW) provides that the entitlement to the benefit of statutory warranty passes on to the purchaser (if it has not been enforced). There is similar legislation in other states, for example in Victoria (Domestic Building Contracts Act 1995) and in Queensland (Building and Construction Commission Act 1991). Please check the relevant legislation in your own state or territory.

Eventually, after the hearing (and after thorough cross-examination of the owners’ expert), the owners conceded their windows/glass claim.

If you require any legal advice or assistance for personal and/ or commercial matters, get in touch with Adams & Partners, Lawyers at multiple locations on (02) 4721 6200 or visit www.adamslawyers.com.au