Professionals 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


Professionals Insurance Articles

Protecting Your Professional Income: Understanding Income Protection Insurance
Protecting Your Professional Income: Understanding Income Protection Insurance
Income protection insurance is a financial safety net for individuals who are unable to work due to illness or injury. It ensures that you receive a percentage of your income during times when you cannot earn a salary, helping you maintain your lifestyle as you recover. This type of insurance offers peace of mind by providing financial support when it is needed most, allowing you to focus on recovery rather than financial pressures. - read more
Tailoring Income Protection for Medical Professionals
Tailoring Income Protection for Medical Professionals
Income protection insurance is a vital safety net for individuals across various professions, designed to provide financial stability if one is unable to work due to illness or injury. This type of insurance replaces a percentage of your income, alleviating the burden of regular expenses while you focus on recovery. For medical professionals who often have high earnings and extensive financial commitments, this coverage is particularly important. - read more
The Importance of Professional Indemnity Insurance for Freelance Professionals
The Importance of Professional Indemnity Insurance for Freelance Professionals
Professional indemnity insurance is a vital safety net for freelance professionals. It is designed to protect individuals offering expert services or advice from claims of negligence or misconduct. Whether you're a consultant, designer, or engineer, having this insurance ensures that you're prepared for unexpected liabilities that could arise from your professional activities. - read more
How Cyber Insurance Can Protect You as a Freelance Professional
How Cyber Insurance Can Protect You as a Freelance Professional
In our digitally-driven world, cyber insurance has become an essential safeguard for anyone who operates online, particularly freelance professionals. At its core, cyber insurance is designed to help cover the risks associated with cyberattacks or data breaches, which can be devastating to both your reputation and your finances. - read more
Essential Insurance Solutions for Australian Professionals
Essential Insurance Solutions for Australian Professionals
In today's ever-evolving professional landscape, having the right insurance coverage is becoming increasingly important for Australian professionals. As more individuals step into freelance work and independent contracting, the need for tailored insurance solutions becomes crucial. Professionals in fields like IT consulting, engineering, and interior design face unique risks that necessitate proper protection. - read more


Your free 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
Deductible:
The amount you must pay out-of-pocket for expenses before your insurance company covers the remaining costs.