What Are Warranties?
In the building and construction context in Western Australia (WA), a warranty broadly refers to a builder’s or contractor’s promise, legally enforceable, about the quality, performance, and durability of the work done. These warranties can be contractual (expressly written into the building contract) or implied / statutory (required by law).
From a client or public authority’s perspective, warranties are vital. They provide assurance that if something goes wrong, whether because of shoddy workmanship, poor design, or faulty materials, there is a pathway for rectification or compensation.
Key Types of Warranties in WA Construction
Here are some of the principal warranty-related protections you’re likely to encounter in WA construction law:
- Express Warranties: These are specific promises made in the contract by the contractor or builder. For example, a contract might explicitly guarantee that lighting systems will be installed to functional standards and maintained for a period.
- Defects Liability Period (DLP): Many building contracts include a defects liability clause. Under the Home Building Contracts Regulations 1992 (WA), for example, a contractor often has a 120-day period post-practical completion to repair defects, provided they are notified in writing within that period.
- Longer-Term Contractor Warranty: Beyond the short-term DLP, WA contracts may require a longer warranty. According to standard contract clauses, that can be up to 5 years from practical completion for failures arising out of improper workmanship, as long as a claim is made within 60 days of becoming aware of the defect.
- Statutory / Implied Warranties: These arise from legislation or general legal principles (rather than being negotiated each time). For example, in WA, even if the contract does not expressly provide for a certain guarantee, there may be implied warranties that work is done skilfully and with proper materials.
- Home Indemnity Insurance (HII): For residential building work over a certain value (currently $20,000 under WA law), builders must take out HII for the owner. Such insurance protects the owner if the builder becomes insolvent, disappears, or dies, and there’s defective or incomplete work.
How Warranties Work in Practice — Key Legal Dynamics
- Claiming Defects: To rely on a defects liability provision, the client must typically give written notice within the contractual time frame.
- Long-Term Defects: For latent or hidden defects (e.g., design or structural issues), the longer warranty might apply, but the building owner or client must often act promptly once the defect is discovered.
- Implied Skills and Materials: Even if not spelled out, a builder is generally legally bound to perform work in a proper, workmanlike manner and use materials that are appropriate and of good quality.
- Enforcement: If a defect emerges, the owner may pursue rectification or damages. Legal action could involve contract-based claims, but there may also be regulatory or insurance-based remedies.
Boorloo Bridge Lighting Failure: A Real-World Case Study
Let’s look at the very topical case of the Boorloo Bridge pedestrian & cyclist bridge in Perth, where a significant lighting failure occurred.
- In November 2025, a large lighting strip detached from a pylon on Boorloo Bridge and fell to the pathway and river below.
- The bridge, which had opened only months earlier (December 2024), features more than 17,000 LED modules integrated into its stay cables as part of a high-tech “digital canvas” system.
- Main Roads WA (the body responsible for the bridge) announced that the structure remained “under warranty.”
- Reports suggest that remedial work is already underway: crews are reinforcing fastenings and assessing the lighting system.
Why This Incident Spotlights Warranty Law:
- Design vs. Workmanship Risks: The failure may stem from a design flaw (inadequate fasteners or poor integration), or from poor installation, both of which are classic warranty issues.
- Contractual Accountability: Because Main Roads has publicly stated the bridge is under warranty, the builders / contractors (in this case, the consortium of Civmec, Seymour Whyte, and WSP) could be legally obliged to repair or rectify at their own cost, assuming the defect falls within the covered warranty scope.
- Public Safety & Liability: The incident almost caused injury (a cyclist was nearly hit), raising potential liability concerns, not just for the physical fixture, but for negligence claims if a third party is injured in the future.
- Reputational and Financial Risk: Beyond legal exposure, there’s reputational damage, public scrutiny, and likely cost blow-outs for replacement, investigations, and future maintenance.
- Long-Term Maintenance: The case underscores the importance of robust long-term contractual warranties and ongoing maintenance regimes, especially for complex, tech-heavy public infrastructure.
Practical Take-Aways for Clients, Lawyers, and Construction Professionals
- For Clients / Owners (e.g., governments, councils, public bodies):
- Always ensure that your contracts for major infrastructure include clear and enforceable warranty terms, covering both short-term defects and longer-term failures.
- Make sure there are rigorous inspection, testing, and sign-off protocols before “practical completion” to reduce the risk of latent defects.
- Demand warranties on critical systems (like lighting) that account for dynamic loads, environmental stress, and long-term material fatigue.
- Maintain detailed documentation: inspection reports, commissioning certificates, warranty claims, this will be crucial if remedial action is needed.
- For Builders / Contractors:
- Be very careful with design, particularly for architectural or high-technology installations (e.g., LED strips, cable stays), failures could lead to costly warranty claims.
- Ensure fastening systems and installation methods are over-engineered for safety, especially for public infrastructure.
- Negotiate clearly defined defect liability and warranty periods, and make sure they’re realistic given the scale and complexity of the project.
- Build in maintenance plans and periodic inspections for system reliability post-completion.
- For Legal Advisors:
- Advise clients (owners) to include robust warranty clauses in contracts, not just limited to workmanship but to cover design, materials, and systems performance.
- When a failure happens (as with Boorloo Bridge), assess all possible legal vehicles: contractual claim, negligence, insurance (if relevant), and whether there is a broader latent defect risk.
- Help clients prepare for the practicalities of rectification: negotiating remedial works, managing third-party contractor obligations, and possibly public communications.
Conclusion
The Boorloo Bridge lighting failure is more than an engineering incident, it’s a stark reminder of how critical warranty law is in public infrastructure projects and all construction projects. For clients, builders, and legal advisors alike, it underscores the necessity of clear, enforceable warranties, careful risk allocation, and proactive defect management.
If you have a warranty claim or want assistance with a contract to limit your liability exposure, contact Lynn & Brown for assistance.
About the Author: This article has been authored by Steven Brown. Steven Brown’s legal career covers working with multinational corporations and Australian listed companies to family-owned businesses. This range of experience has equipped Steven with the unique ability to offer tailored legal services that make a significant difference to businesses of all sizes.
