Partner James Collier leads our national Builders Warranty team, the largest and most experienced team in Australia in this niche field.

With unrivalled knowledge of the governing legislation and case law in this specialised area, our lawyers capably act for various Australian builders warranty insurers and government insurers.

Since 1998, we’ve handled thousands of builders warranty claims and recoveries and acted in several landmark cases. We’ve built a reputation for minimising legal spend with strategies that help us better identify and pursue recoveries, avoid an unnecessarily adversarial approach and engage with the right experts and counsel.

EXPERIENCE & EXPERTISE

We provide a full range of services, covering both litigious and non-litigious matters, including:

  • Builders warranty policy advice and interpretation
  • Drafting builders warranty insurance policies
  • Advising on underwriting issues and commercial matters
  • Pre-litigation and pre-claims technical advice
  • Litigation of building disputes and strata title property disputes in all tribunals and courts
  • Mediation and other informal dispute resolution methods
  • Recovery actions
  • Drafting submissions for insurers to state government and other committees and interest groups.

STANDOUT SERVICE & RESULTS

When you work with our market-leading team you can expect:

  • An innovative and commercial approach with thoughtful strategies (that are often subsequently adopted by our competitors)
  • A service that adds value to your processes and keeps your legal spend within confined limits.

We’ve defended a number of claims which have translated into favourable precedents for builders warranty insurers. These include precedents for:

  • Complex issues of law relating to repudiation of building contracts
  • Whether insurers are on risk for contracts entered into outside the policy period
  • Application of the 20% cap on non-completion claims
  • The definition of ‘domestic building works’ in various states for which builders warranty insurance is required.

We are also one of the few law firms appointed to the NSW icare (SICorp) panel to handle Home Building Compensation Fund claims in NSW.

Are you looking for market-leading legal experience and expertise?

Email our team direct at insurance@moray.com.au or click below. 

CONTACT US