Household Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Heightens Builders' Liability for Defects

Understanding the Impact of the Pafburn Case on Construction Liability

NSW Court Decision Heightens Builders' Liability for Defects?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

In a landmark decision, the New South Wales Court of Appeal has significantly altered the landscape of construction liability, particularly concerning builders' responsibilities for defects.
The case, known as Pafburn, has removed the previously relied-upon proportionate liability defence, thereby increasing the accountability of builders and developers for construction defects.

Historically, under the proportionate liability framework, builders and developers could distribute liability among various parties involved in a project, such as subcontractors and suppliers. This approach allowed them to limit their financial exposure by attributing portions of the blame to other entities. However, the Pafburn ruling has effectively dismantled this defence mechanism.

The court's decision underscores that breaches of the statutory duty of care, as outlined in the Design and Building Practitioners Act 2020 (DBP Act), result in non-delegable liability. This means that builders and developers are now fully responsible for rectifying defects, regardless of whether subcontractors or other parties contributed to the issues. Consequently, they must bear the entire cost of remediation and cannot deflect portions of liability onto others involved in the construction process.

This ruling has profound implications for the construction industry in New South Wales. Builders and developers must now exercise heightened diligence in overseeing all aspects of their projects, ensuring that every phase meets the required standards to mitigate potential defects. The absence of the proportionate liability defence necessitates a more proactive approach to quality control and risk management.

Furthermore, the Pafburn decision highlights the critical importance of comprehensive professional indemnity insurance. With the increased liability exposure, construction professionals must reassess their insurance coverage to ensure it adequately protects against the heightened risks. This may involve consulting with insurance advisors to adjust policies in line with the new legal landscape.

In summary, the Pafburn case marks a significant shift in construction liability law in New South Wales. Builders and developers are now held to a higher standard of accountability for defects, necessitating more rigorous project oversight and robust insurance strategies to navigate the evolving regulatory environment.

Published:Tuesday, 13th Jan 2026
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Steadfast Unveils Prevail: A New Era in High Net Worth and Farm Insurance
Steadfast Unveils Prevail: A New Era in High Net Worth and Farm Insurance
17 Jan 2026: Paige Estritori
In a significant development for the Australian insurance landscape, Steadfast has announced the launch of Prevail, a new specialist agency designed to cater to high net worth individuals and the farming sector. This initiative brings together three well-established underwriting agencies-Mansions, Dawes, and Argis-under a unified brand, aiming to provide comprehensive and tailored insurance solutions. - read more
Harland Green Launches Comprehensive All-Risk Insurance for Large-Scale Farms
Harland Green Launches Comprehensive All-Risk Insurance for Large-Scale Farms
17 Jan 2026: Paige Estritori
Harland Green, a newly established Lloyd's coverholder, has introduced an all-risk farm insurance package specifically designed for large commercial farming operations in Australia. This initiative aims to address the complex and evolving needs of the agricultural sector by offering comprehensive coverage that encompasses various aspects of farm operations. - read more
Allstate Underwriting and Mitsui Sumitomo Join Forces to Strengthen Farm Insurance Offerings
Allstate Underwriting and Mitsui Sumitomo Join Forces to Strengthen Farm Insurance Offerings
17 Jan 2026: Paige Estritori
Allstate Underwriting Agencies has announced a strategic partnership with Mitsui Sumitomo Insurance (MSI) to enhance its capacity in providing insurance solutions for medium, small, and hobby farms across Australia. This collaboration is set to bolster Allstate's presence in the farm pack market, offering tailored products that meet the specific needs of these farming segments. - read more
Envest Group's TLI Underwriting: A New Era for Large Truck Fleet Insurance
Envest Group's TLI Underwriting: A New Era for Large Truck Fleet Insurance
17 Jan 2026: Paige Estritori
Envest Group, a prominent entity in the insurance sector, has announced the launch of TLI Underwriting, a specialised heavy motor agency set to commence operations at the end of this month. This new venture is poised to cater specifically to the insurance needs of larger truck fleets, marking a significant expansion in Envest's service offerings. - read more
ICA's Strategic Plan to Combat Escalating Motor Insurance Costs
ICA's Strategic Plan to Combat Escalating Motor Insurance Costs
17 Jan 2026: Paige Estritori
The Insurance Council of Australia (ICA) has unveiled a comprehensive report titled 'Motor Insurance Policy Paper - A Roadmap for Reducing Rising Premiums,' addressing the significant 42% increase in comprehensive motor insurance premiums since 2019. This surge has brought the average annual premium to $1,052 in 2024, prompting the need for coordinated action to alleviate the financial burden on consumers. - read more


Household Insurance Articles

5 Essential Tips to Understand Your Home Insurance Policy in Australia
5 Essential Tips to Understand Your Home Insurance Policy in Australia
Choosing the right home insurance policy is akin to laying a safety net beneath your most valuable investment. With the Australian climate presenting a unique set of challenges, from bushfires to flooding, ensuring you have comprehensive cover isn't just a luxury—it's a necessity. The right policy serves as an armor, protecting your sanctuary against the unexpected onslaughts of nature and misfortune. - read more
10 Common Household Insurance Policies: What Aussie Families Need to Know
10 Common Household Insurance Policies: What Aussie Families Need to Know
Household insurance is an essential aspect of financial planning for Australian families. It provides peace of mind and financial protection in case of unexpected events such as natural disasters, theft, or accidents. Given the unpredictable nature of life, having the right insurance policy can safeguard your home and its contents, ensuring that you are not left in a financial bind when disaster strikes. - read more
Wild Weather Ahead: Safeguarding Your Property from Storm-Related Damages
Wild Weather Ahead: Safeguarding Your Property from Storm-Related Damages
Welcome to our essential guide for protecting your property as wild weather sets its sights on Australia. Catastrophic storms and extreme conditions don't have to spell disaster for your home. Understanding the sheer force of Mother Nature reinforces the importance of consistent preparedness. In this article, we'll arm you with the knowledge you need to stand resilient against the elements. - read more
What to Look for When Choosing a Home and Contents Insurance Policy
What to Look for When Choosing a Home and Contents Insurance Policy
Home and Contents Insurance is a type of insurance policy that covers any damage or loss that may occur to your property, as well as the contents within it. This can include damages caused by fire, flood, theft and other unforeseen circumstances. In Australia, Home and Contents Insurance is of utmost importance due to the increasing rates of natural disasters such as bushfires and floods. - read more
Tips and Tricks for Fitting Insurance Premiums into Your Monthly Budget
Tips and Tricks for Fitting Insurance Premiums into Your Monthly Budget
Understanding the significance of insurance in managing your finances is crucial. It acts as a safeguard, providing a buffer against unexpected losses or damage to your most valuable possessions. However, the costs associated with this necessary protection can be challenging to manage, especially when it comes to fitting insurance premiums into a monthly budget. - read more


Your free Household insurance quote comparison starts here!
First Name:
Postcode:

All quotes are provided free and without obligation by a Specialist from our National Broker referral panel. See our Privacy Statement for more details.


Knowledgebase
Surrender Value:
The amount of money an insurance policyholder will receive if they voluntarily terminate the policy before it matures.