Household Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Escalates Liability Risks for Construction Industry

Developers and Builders Face Full Responsibility for Building Defects

NSW Court Decision Escalates Liability Risks for Construction Industry?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.

A recent landmark ruling in New South Wales has significantly altered the liability landscape for the construction industry.
The court's decision removes the ability for developers and builders to rely on proportionate liability defences under the Design and Building Practitioners Act 2020 (DBP Act), thereby increasing their exposure to claims related to building defects.

The DBP Act, which came into effect on 1 July 2025, introduced a statutory duty of care aimed at protecting property buyers. This duty is non-delegable, retrospective, and applies to all participants in the construction process, including individual employees and directors. The recent court ruling has clarified that breaches of this statutory duty result in full liability for developers and builders, regardless of whether subcontractors or other parties contributed to the defects.

Previously, developers and builders could apportion blame to subcontractors, thereby limiting their own liability. However, the court's decision establishes that they are now fully responsible for the entire cost of rectifying defects. This shift places the onus on developers and builders to pursue subcontractors through separate legal actions if they seek to recover costs.

For the construction industry, this ruling underscores the importance of comprehensive risk management strategies and robust professional indemnity insurance coverage. Companies must reassess their insurance policies to ensure they are adequately protected against the increased liability risks. Additionally, the ruling highlights the need for meticulous oversight of all aspects of construction projects, as any defects can lead to significant financial and reputational consequences.

In light of these developments, construction professionals are advised to:

  • Review and update their professional indemnity insurance policies to ensure sufficient coverage.
  • Implement stringent quality control measures throughout the construction process.
  • Maintain thorough documentation of all project stages to support potential legal defences.
  • Engage in proactive communication with subcontractors to ensure adherence to quality standards.

By taking these steps, construction companies can better navigate the evolving legal landscape and mitigate the heightened risks associated with building defects.

Published:Monday, 16th Feb 2026
Source: Paige Estritori

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

Share this news item:

Insurance News

Survey Highlights Alarming Number of Australians Travelling Uninsured
Survey Highlights Alarming Number of Australians Travelling Uninsured
16 Feb 2026: Paige Estritori
Recent research conducted by the Insurance Council of Australia (ICA) and the Department of Foreign Affairs and Trade (DFAT) has unveiled a concerning trend: approximately 14% of Australian travelers embark on international journeys without any form of travel insurance. This statistic has prompted industry leaders to urge Australians to reconsider the importance of securing adequate coverage before traveling abroad. - read more
IAG's Impressive FY25 Performance and Strategic Outlook for FY26
IAG's Impressive FY25 Performance and Strategic Outlook for FY26
16 Feb 2026: Paige Estritori
Insurance Australia Group (IAG) has reported a notable 4.3% increase in gross written premium (GWP), reaching $17.1 billion for the fiscal year 2025. This growth is accompanied by a net profit after tax of $1.36 billion, marking a significant rise from the previous year's $898 million. The company's reported insurance profit stands at $1.74 billion, with a margin of 17.5%, and a return on equity improving to 19.4%. Shareholders are set to benefit from a full-year dividend of 31. - read more
Potential Decrease in Australian Insurance Premiums Amid Global Market Downturn
Potential Decrease in Australian Insurance Premiums Amid Global Market Downturn
16 Feb 2026: Paige Estritori
Recent developments in the global financial markets have sparked discussions about potential benefits for Australian insurance policyholders. A significant sell-off in the insurance sector on Wall Street has led analysts to speculate that Australian insurance premiums could see a reduction in the near future. - read more
NSW Court Decision Escalates Liability Risks for Construction Industry
NSW Court Decision Escalates Liability Risks for Construction Industry
16 Feb 2026: Paige Estritori
A recent landmark ruling in New South Wales has significantly altered the liability landscape for the construction industry. The court's decision removes the ability for developers and builders to rely on proportionate liability defences under the Design and Building Practitioners Act 2020 (DBP Act), thereby increasing their exposure to claims related to building defects. - read more
Rising Public Liability Insurance Premiums Challenge Australian Businesses
Rising Public Liability Insurance Premiums Challenge Australian Businesses
16 Feb 2026: Paige Estritori
The Australian Prudential Regulation Authority (APRA) has released its latest National Claims and Policies Database (NCPD) statistics, revealing a substantial increase in public liability insurance premiums over recent years. According to the data, premiums have risen by 40% since 2015, a rate that surpasses general inflation and places additional financial strain on businesses across the country. - read more


Household Insurance Articles

Why Australian Households Can't Afford to Skip Insurance
Why Australian Households Can't Afford to Skip Insurance
Household insurance is a critical safety net for many Australian families. It protects against unexpected events such as natural disasters, theft, and accidents, ensuring that your home and belongings can be repaired or replaced if something goes awry. - read more
How Often Should You Review and Update Your Household Insurance Policy?
How Often Should You Review and Update Your Household Insurance Policy?
It’s easy to think of household insurance as something you purchase once and forget about. However, this approach can leave you vulnerable to unexpected risks. Your home and its contents change over time, and so do your insurance needs. - read more
Understanding the Basics: What Does Home Insurance Really Cover?
Understanding the Basics: What Does Home Insurance Really Cover?
Home insurance is an essential safeguard for homeowners in Australia, acting as a financial shield against unexpected damages and losses. It offers a sense of security, knowing that your largest asset is protected should the unforeseen occur. With the diverse range of natural perils that Australians face, from bushfires to floods, securing a home insurance policy is not just wise but almost indispensable. - read more
Essential Tips to Find the Right Home and Contents Insurance for Your Family
Essential Tips to Find the Right Home and Contents Insurance for Your Family
In the face of unpredictable climate patterns and wild weather, safeguarding your home becomes a top priority, especially in a country like Australia. Choosing the right home and contents insurance is essential in providing a financial safety net against the forces of nature. With this in mind, the importance of insurance cannot be overstated, acting as a crucial buffer to protect your property and belongings. - read more
Why Income Protection Insurance Matters for Every Australian Earner
Why Income Protection Insurance Matters for Every Australian Earner
The unpredictable nature of life can often leave us vulnerable to financial uncertainty, especially when it comes to our ability to earn an income. Whether due to illness, injury, or unexpected job loss, the loss of income can have a devastating impact on our financial stability and quality of life. This is where the importance of insurance in financial planning becomes evident. - 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
Policyholder:
The individual or entity who owns the insurance policy.