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You wear the risk - even when someone else causes the defect:
If you're in control of the work, you're legally exposed. Blaming subcontractors, consultants or design professionals won't help you under the DBPA.
Protect Your Project.
Minimise Your Liability.
Build with Confidence.
If you are a builder or developer, the High Court's decision in Pafburn means that if a defect arises - regardless of who caused it - you may be held entirely responsible.
We offer a structured legal service suite to help you reduce exposure, comply with your obligations, and protect your margin - from project inception through to final delivery.
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Subcontractor at fault?
Quantity Surveyor oversight?
It doesn’t matter.
Pafburn means the liability may still land with you.
Developers are now more likely to face direct claims from owners’ corporations for building defects, even if their delivery partners were the ones responsible. Builders are no longer protected by the ability to apportion blame to subcontractors or consultants.
In this context, here are three unavoidable realities that both builders and developers need to take seriously:
A single defect can blow the job’s margin:
Whether it's rectification costs, delayed settlements or an owner's claim for economic loss - one issue can undo the profitability of an entire project.
You’ll need to prove compliance, not just say you did your job:
Courts and regulators will look at what you documented, how you administered the contract, and whether your systems show you took reasonable care.
You need to be able to demonstrate - not just assert - that your delivery processes, contractual arrangements, and administrative systems meet the legal threshold for reasonable care.
In short, liability is no longer just a legal outcome - it’s a delivery risk, and it needs to be managed like one.
This means your systems, your contracts, and your project oversight need to be legally robust and operationally watertight.
The most viable protection is a proactive strategy:
well-drafted contracts, disciplined administration, and consistent documentation that evidences performance and compliance.
How Kreisson can help
Whether you're drafting contracts, navigating live project risk, or strengthening internal systems - each stream below is designed to help you meet your statutory obligations, protect your commercial position, and deliver with confidence in a post-Pafburn environment.
Contract Risk Reviews
We review your head contract and subcontracts to identify where you're exposed - and restructure terms to help you recover loss when liability can't be pushed down.
✔ DBPA-aligned warranties and indemnities
✔ Flow-down of statutory obligations
✔ Defect rectification and cooperation clauses
✔ Clarity on roles, scope, and risk
How we help:
After Pafburn, statutory liability sits with the party in control. We make sure your contracts give you a way to respond, recover, and stay protected.
Contract Administration Playbook (CAP)
We turn your contract into a live tool for your team - with timelines, templates and guidance to help them comply with notice obligations and protect entitlements.
✔ Customised to your contract
✔ Templates for delay, variation, and dispute notices
✔ Timebar guidance and flowcharts
✔ Clear summary of high-risk clauses
How we help:
Your contract means nothing if it’s not followed. CAP ensures your team knows what to do, when to do it, and how to do it properly.
Contract Administration Support
We work alongside your team to manage notices, protect entitlements and keep your admin compliant.
✔ Review of key notices and claims
✔ Timebar monitoring and correspondence support
✔ Strategic input on contract execution
✔ Legal guardrails for live delivery
How we help:
Under the DBPA, bad admin can be as risky as bad work. We make sure you’re doing the right things - and documenting it properly.
Claims & Dispute Support
We help you respond to disputes, secure entitlements and defend your position — before a defect or delay turns into full-blown liability.
✔ Preparation and review of notices
✔ EOTs, variations, scope disputes
✔ Strategy for dealing with clients, consultants or OCs
✔ Commercial positioning for resolution or escalation
How we help:
You can’t always avoid conflict — but with the right support, you can control how it plays out. We help you hold your ground, protect your position, and stay compliant.