Sopov & Ors v Kane Constructions Pty Ltd

Sopov & Ors v Kane Constructions Pty Ltd concerned a dispute between a building owner, Mr Sopov, and the builder, Kane Constructions Pty Ltd. The dispute arose from alleged defects in the construction of a residential building. The case was heard in the High Court of Australia.

The primary legal issue before the High Court was whether the builder had breached its duty of care to the owner by failing to exercise reasonable skill and care in the construction of the building, specifically in relation to the waterproofing of the building's facade. The court also considered the scope of the builder's implied warranty of good and workmanlike performance and whether this warranty extended to ensuring the building was fit for its intended purpose.

Kiefel and Bell JJ reasoned that the builder owed a duty of care to the owner to construct the building in a workmanlike manner and with reasonable care and skill. They found that the evidence established that the waterproofing was defective and that this defect was a result of the builder's failure to exercise reasonable care and skill in its installation. The court affirmed the principle that a builder's duty of care extends to ensuring that the building is constructed in accordance with the plans and specifications and in a manner that is fit for its intended purpose. The court also considered the application of the Home Building Act 1989 (NSW) and its implications for the builder's liability.

The High Court allowed the appeal in part, finding that the builder was liable for the defects in the waterproofing. The matter was remitted to the primary court for the assessment of damages.