Landmark Decision: Waterproofing Technologies Pty Limited v Perri (No 5) [2025] FCA 986 Ushers in New Era for Building Disputes
Melbourne, Australia – August 21, 2025 – The Federal Court of Australia has today delivered a significant judgment in the case of Waterproofing Technologies Pty Limited v Perri (No 5) [2025] FCA 986. This ruling, published this afternoon, is poised to have a considerable impact on how building disputes, particularly those involving waterproofing and associated defects, are approached and resolved within the Australian legal landscape.
The judgment, handed down by the Federal Court, addresses complex issues arising from a long-standing dispute between Waterproofing Technologies Pty Limited and Mr. and Mrs. Perri. While the specifics of the commercial arrangements and technical details of the waterproofing services provided are extensive, the core of the decision illuminates crucial principles relevant to contractual obligations, the standard of care expected of contractors, and the assessment of damages in construction litigation.
A key takeaway from this ruling is the Court’s detailed examination of the performance of waterproofing systems and the associated obligations of the installing company. The judgment provides a thorough analysis of expert evidence presented by both parties, offering guidance on the interpretation of specifications, adherence to industry standards, and the impact of potential defects on the broader building structure.
This decision is particularly noteworthy for its clarity on the burden of proof in cases where defective work is alleged. The Federal Court’s reasoning underscores the importance of meticulous documentation, proper site management, and the need for contractors to demonstrate that their work meets the required contractual and statutory standards.
For stakeholders within the construction industry, including builders, contractors, clients, and legal professionals, Waterproofing Technologies Pty Limited v Perri (No 5) [2025] FCA 986 offers valuable insights. It serves as a potent reminder of the rigorous scrutiny applied to building works and the critical need for all parties to ensure compliance with contractual terms and best practices.
The implications of this judgment are likely to resonate across a wide range of building projects, potentially influencing future contractual drafting, dispute resolution strategies, and the approach taken by expert witnesses in similar cases. It is a testament to the ongoing evolution of Australian construction law and the Federal Court’s commitment to providing clear and reasoned guidance on complex matters.
The full judgment is available on the Federal Court of Australia’s website for those seeking a deeper understanding of the intricacies of this important legal development.
Waterproofing Technologies Pty Limited v Perri (No 5) [2025] FCA 986
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