A family member has a new house where part of the building work was repaired under the 12 month defects period. However the repair work has failed. The builder is saying that they consider that they have repaired it, and that they consider it a new defect and not covered, as the repair failed outside the 12 month defect period, even though the original defect in the same location occurred within the 12 month period. The repair failed less than 6 months after they did the repair, and is the identical problem in the same location etc. Is this correct? I would have thought it the repair failed, that it it would be considered an unsuccessful repair of the initial defect.

