Duty to mitigate loss – The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067

Decision: 11 August 2014

Did you know that an owners corporation has a duty to notify a builder of defects and allow them reasonable access for repairs? In The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067, Ball J held that an owner is required to give the builder the opportunity to inspect the property and undertake repairs to minimise damages payable for defects and, if the owner does not, they are not able to recover losses attributable to their unreasonable conduct. The onus is on the builder to show that an owner acted unreasonably.