Section 134 of the Building Act 1993 (Vic) provides a 10-year limitation period from the date of issue of the occupancy permit that replaces (not merely supplements) the general six-year limitation period under the Limitation of Actions Act 1958 (Vic) for building actions as defined in s 129. A building surveyor does not owe a duty of care in negligence to an owner for pure economic loss in the form of holding costs and delay where the owner was capable of protecting itself contractually. The Building Act does not create a statutory contract between owner and building surveyor; consensus ad idem is required. An amendment to a statement of claim adding a new cause of action between existing parties relates back to the date of the original pleading for limitation purposes.
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