A few years ago now, a case decision of the County Court was good news for builders (and other building practitioners, including architects) insofar as it stated that the time limit to bring a building action for defective building work was six years from the breach, if the “building action” was based on a breach of contract.

The term “building action” is defined in the Victorian Building Act 1993 to mean “an action (including a counter-claim) for damages for loss or damage arising out of or concerning defective building work.” In turn, “building work” is defined as including “the design, inspection and issuing of a permit in…