Terms & Conditions

25 Year Structural Guarantee

On the terms below[1], Construction Services Australia Pty Ltd (CSA) will rectify at its cost any defect the concrete house slab & footing system or structural timber framing (structural works) that gives rise to a structural failure, occurring and notified to CSA within 25 years of the date of practical completion of a home constructed by CSA.  Structural failure means a failure to meet the structural performance requirements set out in AS 1684 and AS 2870[2] (as applicable).  For AS 2870, category 3 or higher damage must exist to constitute a structural failure.

Such defects will be rectified by CSA either repairing or replacing (at CSA’s option) the relevant structural works.  CSA will have no other liability under this guarantee in connection with a structural failure and, without limitation, will not be liable under this guarantee for any of the following:

• consequential or indirect loss arising in connection with the structural failure;
• personal injury or property damage (other than damage to the structural works) arising in connection with the structural failure;
• rectification, remedial or replacement works carried out without CSA’s prior written approval.

This guarantee is given in favour of the home owner who contracts with CSA for the construction of the home and is not transferable or assignable to or for the benefit of any other person (including any subsequent owner of the home).

This guarantee does not apply to structural failure caused or contributed to by:

• environmental factors (including the impact of trees or their root systems);
• willful acts or omissions of parties other than CSA and its personnel;
• failure to comply with all procedures and instructions notified to the home owner by CSA or its contractors and suppliers; 
• failure to properly maintain the home (including maintaining pest control programs, plumbing and drainage systems);
• any renovations, additions or other structural changes (including landscaping and pools) undertaken to the home after practical completion.

All claims must be made in writing and be received by CSA within 30 days of the structural failure first coming to the attention of the home owner.

Other warranties and guarantees

Certain statutory warranties may apply under the Building Work Contractor’s Act 1995 (SA) and/or the Australian Consumer Law.  Some that are used in the construction of the home will be covered by warranties given by the manufacturer of those products. The structural guarantee referred to above is given in addition to (and does not limit) the defects liability provisions in the relevant building agreement and any statutory or manufacturer’s warranties that may apply.