Building & Construction Law

Building and construction law advice in Victoria. Orange Legal Group handles construction contracts, disputes, defects claims and VCAT proceedings.

Frequently Asked Questions

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.