Though it has been some 18 months since the Court of Appeal in Victoria clarified how long a property owner has to sue a builder for allegedly defective building works, it is worth restating the now clarified position once again.

There was previously some debate in the law for the construction industry as to the time period which applied. The debate was as to whether the period which applied was six years at a maximum or whether the longer period of 10 years (after the issuing of the occupancy certificate)…