What can I do about defective building work?

You have several options: requiring the builder to rectify the defect under their contract and statutory warranty obligations, making a claim through VCAT's building list, or seeking compensation for the cost of rectification. The right approach depends on the nature of the defect, the builder's responsiveness and the sums involved.

What is the Security of Payment Act?

The Building and Construction Industry Security of Payment Act 2002 provides a fast-track adjudication process for payment disputes in the building and construction industry. A payment claim can be made by any party in the construction chain — and the response times are strict. Failure to respond to a payment claim correctly can result in judgment by default.

How do I make a claim at VCAT for a building dispute?

Domestic building disputes can be lodged at VCAT's building list. The process involves lodging an application, attending mediation and, if not resolved, a hearing before a VCAT member. We represent clients throughout the VCAT process.

Can I withhold payment if the builder's work is defective?

This depends on the contract terms. In many cases, a right to set off or reduce payment exists where defective work has been established — but exercising this right incorrectly can expose you to a Security of Payment claim. Seek advice before withholding any payment.

What can I do about defective building work?

You have several options: requiring the builder to rectify the defect under their contract and statutory warranty obligations, making a claim through VCAT's building list, or seeking compensation for the cost of rectification. The right approach depends on the nature of the defect, the builder's responsiveness and the sums involved.

What is the Security of Payment Act?

The Building and Construction Industry Security of Payment Act 2002 provides a fast-track adjudication process for payment disputes in the building and construction industry. A payment claim can be made by any party in the construction chain — and the response times are strict. Failure to respond to a payment claim correctly can result in judgment by default.

How do I make a claim at VCAT for a building dispute?

Domestic building disputes can be lodged at VCAT's building list. The process involves lodging an application, attending mediation and, if not resolved, a hearing before a VCAT member. We represent clients throughout the VCAT process.

Can I withhold payment if the builder's work is defective?

This depends on the contract terms. In many cases, a right to set off or reduce payment exists where defective work has been established — but exercising this right incorrectly can expose you to a Security of Payment claim. Seek advice before withholding any payment.

Business, Commercial & Disputes

Building & construction: protecting your project and your rights.

Building disputes are complex and costly. Orange Legal Group advises owners, builders and developers across all aspects of building and construction law — from contract review to VCAT proceedings.

VCAT

Building list representation

SOP

Security of Payment expertise

VIC

Victoria wide

Book a Consultation Call 03 8330 5983

Discuss Your Matter

Confidential consultation

About This Practice Area

When a Building Project Goes Wrong

Building disputes can arise at any stage of a project — from poorly drafted contracts to defective work, payment disputes and builder insolvency. They are among the most complex and costly legal matters a property owner or developer can face.

Orange Legal Group advises owners, builders, developers and contractors across all aspects of building and construction law. We provide clear, practical advice on your rights and obligations — and decisive representation when disputes require formal resolution.

We act in VCAT building list matters, Security of Payment adjudications and Magistrates and County Court proceedings.

What We Help With

HIA, MBA and custom building contracts: review and advice before you sign

Defect claims: advice and proceedings for rectification of defective building work

Security of Payment Act: adjudication applications and responses

VCAT building list: representation in domestic building disputes

Building Practitioners Board: complaints and investigations

Debt recovery from builders, developers and subcontractors

Construction contract disputes: variations, delays and payment claims

Building insurance: advice on domestic building insurance obligations

Security of Payment claims have strict timeframes. If you have received or want to make a payment claim, contact us immediately.

What We Handle

The Disputes We Handle

Building Contracts

Reviewing HIA, MBA and custom building contracts before you sign — identifying onerous terms, hidden charges and inadequate protections.

HIAMBAContract review

Defect Claims

Advising on and pursuing claims for defective building work — including rectification, damages and breach of statutory warranties.

DefectsRectificationStatutory warranty

Security of Payment

Making and responding to payment claims under the Building and Construction Industry Security of Payment Act 2002.

SOPAdjudicationPayment claim

VCAT Building List

Representing owners and builders in VCAT building list proceedings — the primary dispute resolution forum for domestic building matters.

VCATBuilding listDomestic building

Construction Disputes

Resolving disputes about variations, delays, liquidated damages and contract termination across residential and commercial projects.

VariationsDelaysTermination

Debt Recovery

Recovering unpaid progress claims, retentions and final payments from builders, developers, subcontractors and principals.

Unpaid claimsRecoveryDebt

Our Process

How We Handle Your Matter

Contract Review

We review your building contract and identify risks, onerous terms and inadequate protections before work commences.

Dispute Assessment

When a dispute arises, we assess your position and advise on the options — negotiation, adjudication or proceedings.

Negotiation

We attempt to resolve the dispute by negotiation or mediation — often the fastest and most cost-effective outcome.

Formal Proceedings

Where negotiation fails, we commence Security of Payment adjudication, VCAT or court proceedings.

Resolution

We enforce outcomes and advise on any residual obligations or ongoing building issues.

Why Choose Us

The Orange Legal Difference

Building Law Expertise

Deep knowledge of Victoria's domestic building legislation, VCAT building list procedures and Security of Payment Act processes.

Fast Action

Building disputes often require urgent action — especially Security of Payment claims with strict timeframes. We act quickly.

Owner & Builder

We act for both property owners and builders — giving us a thorough understanding of both perspectives.

Practical Outcomes

Our goal is always the most practical and cost-effective outcome — whether that is rectification, a cash settlement or formal proceedings.

Common Questions

Frequently Asked Questions

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Building and construction contract review before you sign.

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Building dispute or contract question?

Early advice is critical in building disputes. Contact Orange Legal Group for a clear assessment of your position and the options available to you.

Book a Consultation

Or call us: 03 8330 5983