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Domestic Building Disputes
Domestic building disputes can arise at any stage of a build or renovation and can be a significant source of stress. Our building dispute lawyers in Melbourne and Mount Waverley act for homeowners, builders, and contractors, providing expert advice to protect your home, investment, and commercial reputation. We specialise in navigating the complex regulatory framework of the Domestic Building Contracts Act and the newly established Building and Plumbing Commission (BPC).
Defects & Incomplete Works – Resolving claims involving structural failures, non-compliant plumbing or electrical work, and minor cosmetic differences. We work with independent building consultants to establish the extent of rectification works required.
Delays & Completion Disputes – Advising on liquidated damages, extensions of time, and the enforceability of completion dates within Major Domestic Building Contracts.
Variations & Payment Disagreements – Managing disputes over contract variations, unpaid progress claims, and deposit limits to ensure compliance with Victorian building laws.
DBDRV & BPC Conciliation – Representing clients in the Domestic Building Dispute Resolution Victoria (DBDRV) process, which is a mandatory prerequisite for most VCAT proceedings.
VCAT Building & Property List – Expert advocacy in VCAT for contested hearings, including applications for injunctions, damages for breach of contract, and domestic building insurance claims.
Building Contract Reviews & Terminations – Advising on the legal grounds for terminating a building contract and the risks associated with "wrongful termination" or abandonment of works.
FAQs: Common questions about domestic building contracts, defects, and DBDRV are answered below.
Frequently Asked Questions About Building and Construction Disputes
What documents should I provide my solicitor for a building dispute?
We would like to see copies of your building contract, building plans, building permits, occupancy permit, any variation invoices, photographs of defects, expert reports (for example, building inspection, engineering or plumbing reports), and any correspondence relevant to the issues in dispute.
What are builder’s warranties?
In Victoria, most domestic building work is covered by implied warranties under the Domestic Building Contracts Act 1995 (Vic). These rights cannot be signed away and are designed to protect homeowners. The builder must carry out the work in a proper and workmanlike way, use suitable materials, and comply with all legal requirements. These warranties generally apply for up to 10 years from the date the building work was completed.
My builder is taking too long to complete my build. What should I do?
Most building contracts specify a completion date and how that period is calculated. If you cannot resolve the issue directly with the builder, you should contact our office so we can review your contract and the history of the matter to provide tailored advice on how to enforce the completion timeline.
What steps should be taken before commencing legal action?
If a builder or homeowner cannot resolve the dispute directly, it is usually best to have a solicitor write to the other party first. If the matter remains unresolved, the next step in most domestic building disputes is to lodge an application with Domestic Building Dispute Resolution Victoria (DBDRV). This is generally a mandatory requirement before you can file a formal claim with VCAT or a court.
A homeowner is not paying my building invoice. What should I do?
You must strictly follow the terms of your building contract. Most contracts set out a specific process, which often includes issuing written notice of your intention to suspend building works and allowing a set period for payment. We recommend you contact our office to review your contract and payment history before you take these formal steps.
Is my conversation with a building lawyer confidential?
Yes, information disclosed for the purposes of seeking legal advice is generally covered by legal professional privilege. This applies to initial enquiries, phone calls, and consultations, ensuring you can discuss your contract and any defects openly.
What is the difference between a solicitor and a barrister in a building case?
Your solicitor manages the day to day strategy, handles the DBDRV process, and prepares legal documents. If the matter is complex or proceeds to a final hearing at VCAT, we may advise retaining a barrister who acts as a specialist advocate for courtroom representation and expert legal advice.