Domestic Building Disputes in Victoria

We provide clear legal advice and representation with:

• Reviewing and interpreting building contracts

• Enforcing statutory warranties under the Domestic Building Contracts Act 1995 (Vic)

• Managing disputes with builders, contractors, or surveyors

• Termination of domestic building contracts

• Lodging complaints with the Building and Plumbing Commission (formerly VBA)

• Advising on claims under Domestic Building Insurance (DBI) through the VMIA

• Representing clients at VCAT

• Recovering rectification costs and consequential damages
  
  Example: If you discover major defects after moving into your newly built home, we can review your contract, advise whether statutory warranties have been breached, help you lodge a DBI claim, and represent you at VCAT to recover rectification costs.

A domestic building contract is an agreement to carry out, arrange, or manage domestic building work. It does not include contracts made between a builder and their subcontractors.

Example: If you sign a contract directly with a builder to construct your new home, that’s a domestic building contract. But if the builder then hires a plumber or electrician under a separate contract, that subcontract is not considered a domestic building contract.

Every domestic building contract in Victoria automatically includes statutory warranties. These warranties guarantee that building work is carried out properly, with suitable materials, and in line with building laws. If defects arise, you may be entitled to have the builder fix them or receive compensation for the cost of rectification. If the builder has disappeared, gone insolvent, or is otherwise unavailable, you may still be able to claim under Domestic Building Insurance (DBI).

Example: If your new home develops water leaks due to poor workmanship, the builder must return and fix the problem. If the builder cannot be found, you may instead be able to claim the cost of repairs through DBI.

You should document the issues with photos and written records, notify the builder in writing, and seek legal advice as soon as possible. We can assist in preparing formal correspondence, lodging complaints with the BPC (formerly VBA), and representing you in negotiations or proceedings if needed. 

You may be able to terminate a building contract, but only in limited circumstances. Termination rights usually arise where the builder has seriously breached their obligations - for example, by abandoning the project, causing significant delays, or carrying out unsafe or unlawful work. Because incorrect termination can leave you exposed to liability, it’s essential to get legal advice before taking this step.

Example: If a builder walks off-site and refuses to return, you may have grounds to terminate the contract. But, if you end the contract without following the correct legal process, the builder could turn around and claim you are in breach.

Yes. We have experience representing homeowners in proceedings at VCAT and court. We can help you prepare your application, gather expert evidence, engage in compulsory conference negotiations, and present your case professionally at the hearing. 

The cost depends on the complexity of the matter and how early it is resolved. Some disputes can be resolved through negotiation or mediation, while others require formal legal proceedings. We offer a free initial consultation to help you understand your options. 

While the BPC (formerly VBA) may investigate building complaints, it does not provide legal advice or enforce compensation orders. If the dispute cannot be resolved through their process, you may need to escalate the matter to VCAT or pursue other legal remedies. Having a lawyer ensures you understand your rights and are fully prepared.