Litigation & disputes

Building & construction disputes in Victoria.

Defective work, delay, disputed variations and unpaid progress claims, building disputes are won on documents and expert evidence, not on who is more frustrated. CMK Legal in Richmond acts for owners, builders and subcontractors across Victoria at Domestic Building Dispute Resolution Victoria, VCAT and in court.

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Merits assessed first

Defect and delay claims assessed against the contract and the expert evidence before filing.

Early resolution preferred

Security of payment responses turned around within the statutory deadlines.

Costs kept proportionate

Fixed fee for the contract and merits review, with estimates for conciliation and hearings.

Victorian courts & VCAT

Domestic Building Contracts Act 1995, Security of Payment Act 2002, DBDRV and VCAT.

How building disputes work in Victoria.

Domestic building work is heavily regulated. The Domestic Building Contracts Act 1995 implies warranties into every domestic building contract, that the work will be carried out with reasonable care and skill, in accordance with the plans and specifications, with suitable materials, in compliance with the law, and that the home will be suitable for occupation. Those warranties cannot be contracted out of and run in favour of subsequent owners.

Before VCAT will hear most domestic building disputes, the matter must go through Domestic Building Dispute Resolution Victoria, which offers free conciliation and can issue a dispute resolution order or a certificate of conciliation. It resolves a significant proportion of disputes and, where it does not, the certificate is the ticket to VCAT's Building and Property List.

Commercial construction runs differently. Payment disputes are commonly dealt with under the Building and Construction Industry Security of Payment Act 2002, which provides a rapid adjudication process with very short response deadlines, missing a payment schedule deadline can result in the full claimed amount becoming payable regardless of the underlying merits.

Security of payment deadlines are unforgiving. A respondent who fails to serve a payment schedule within the statutory period generally becomes liable for the whole claimed amount. If you receive a payment claim, get advice the same week.

How we approach a building dispute.

Build the defect case on evidence

A properly scoped independent expert report identifying each defect, the relevant standard breached and the cost to rectify. Without it, a defect claim rarely succeeds.

Test variations and delay properly

Whether variations were requested and documented as the Act requires, whether extensions of time were properly claimed, and whether liquidated damages are actually recoverable.

Progress claims and security of payment

Payment claims and payment schedules prepared and responded to within the statutory windows, and adjudication applications run where the amount justifies it.

Use conciliation to your advantage

DBDRV conciliation is free and frequently produces a rectification order or a commercial settlement far faster than a VCAT hearing. Preparation makes the difference.

Talk to us if.

  • Work is defective, incomplete or not to the plans and specifications
  • The builder has stopped work or walked off site
  • Variations are being charged that you never approved
  • The build is well beyond the contract completion date
  • A progress claim is disputed or has not been paid
  • You have received a payment claim under the Security of Payment Act
  • Liquidated damages are being deducted from your claim
  • You have bought a home and discovered defects from the previous build

Bring the contract, the plans and specifications, the variation and progress claim history and any photographs. A defect claim usually also needs an independent expert report.

How a building dispute runs.

  1. 01

    Contract and merits review

    We review the contract, the claim history and the alleged defects and advise on prospects and recovery.

  2. 02

    Expert evidence

    An independent building consultant scopes the defects and the rectification cost, which frames the claim.

  3. 03

    DBDRV conciliation

    For domestic building work, conciliation is arranged, free, relatively fast and often decisive.

  4. 04

    VCAT or adjudication

    A VCAT application in the Building and Property List, or a security of payment adjudication for commercial claims.

  5. 05

    Resolution and rectification

    Settlement or orders, with rectification works, payment terms and releases documented properly.

Transparent dispute fees.

The contract and merits review is a fixed fee quoted before we start. Security of payment responses are fixed fee given their short deadlines. DBDRV conciliation, VCAT hearings and court proceedings are estimated stage by stage. Expert building consultant and quantity surveyor fees are paid directly to the expert and disclosed separately.

Request a fixed-fee quote

FAQs

Building dispute FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Do I have to go to DBDRV first?
For most domestic building disputes, yes. VCAT will generally not accept an application without a certificate of conciliation from Domestic Building Dispute Resolution Victoria. The service is free, and it resolves a substantial share of disputes.
How long do I have to claim for defects?
Proceedings for a breach of the statutory warranties in domestic building work must generally be brought within ten years of the occupancy permit or completion, and contractual claims are subject to the usual six-year limitation period. Structural defects can surface late, so get advice as soon as you notice a problem.
The builder says the variation was verbal. Do I have to pay?
Often not in full. The Domestic Building Contracts Act requires variations to be documented and, where the builder has not complied, recovery is restricted unless VCAT gives leave, usually only where the builder would otherwise suffer significant hardship and it would not be unfair to the owner.
What is a payment schedule and why does the deadline matter?
Under the Security of Payment Act, a respondent to a payment claim must serve a payment schedule stating the amount they propose to pay and why, within the statutory period. Failing to do so generally makes the full claimed amount payable and forfeits the right to raise those reasons in adjudication.
Can I terminate the contract and get another builder?
Only where a valid contractual or common law right to terminate has arisen and has been properly exercised. Wrongful termination is repudiation and exposes you to the builder's damages claim. Give notice to remedy, document everything, and take advice before you engage anyone else.
Is domestic building insurance available?
Domestic building insurance covers the owner where the builder has died, disappeared or become insolvent, or in some cases where the builder fails to comply with a tribunal order. It is not a general defects warranty, and claims have their own time limits and requirements.

Related services.

Property disputes

Boundaries, easements, caveats and failed property contracts.

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Contract disputes

Breach, termination, damages and recovery when the other side does not perform.

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VCAT proceedings

Retail lease, owners corporation and building matters prepared for the right list.

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Get the building dispute moving.

Send us the contract, the correspondence or the notice you have received. Start online in a few minutes, or book a consultation and speak to a disputes lawyer the same business day.

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