On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020.

The effect of this judgment is that, arguably, the statutory duty of care extends to ‘building work’ on any building or structure, including any part of a building or structure.

In this article, W+K Construction PI specialists Chris Knight, Robert Finnigan and Andrew Moore look at the implications of this decision for insurers.

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