Resolving building disputes 
before they derail the project.

Very quickly. Payment schedules are due within 10 business days of a payment claim, or sooner if the contract requires. Adjudication applications also have strict statutory windows. Missing a deadline can create immediate payment liability, restrict the grounds available in adjudication or close a particular recovery path. Since the April 2026 reforms, claims can generally be made monthly and up to six months after practical completion or final supply, unless the contract allows a later claim. Contact us as soon as a payment dispute arises.

The April 2026 reforms abolished Victoria's 'excluded amounts' and 'claimable variations' regimes. Variation, delay, extension-of-time and latent-condition amounts are no longer excluded merely because they fall within those former categories. Contractual entitlement, valuation, evidence and the other statutory requirements still need to be established.

The BPC is Victoria's building regulator, replacing the Victorian Building Authority. Its functions include practitioner regulation, oversight of building and plumbing regulation, domestic-building dispute resolution and administration of the home warranty scheme. In specified circumstances it may issue rectification orders concerning defective or incomplete work.

Potentially. The BPC can issue rectification orders in specified circumstances for defective or non-compliant work completed within the preceding ten years, including some work completed before the new powers commenced. Eligibility and the terms of an order depend on the statutory criteria, so the regulator pathway should be assessed alongside contractual, insurance and litigation options.

Potentially. For new eligible domestic building work from 1 July 2026, the first-resort home warranty scheme may provide assistance of up to $400,000 for incomplete, defective or non-compliant work, subject to eligibility, limits and exclusions. Earlier insured projects remain under their legacy Domestic Building Insurance policies. The contract date, insurance position, type of work and reason the builder cannot complete or rectify the work determine the available pathway.

Expert evidence is commonly required in defects matters to address the nature and cause of the alleged defects, applicable standards, the rectification scope and reasonable cost. The expert's discipline and instructions should match the issues the tribunal or court must decide.

Building actions in Victoria are generally subject to a ten-year long-stop from the occupancy permit or certificate of final inspection under the Building Act 1993 (Vic), while many contract claims are subject to a six-year limitation period under the Limitation of Actions Act 1958 (Vic). Which period applies, and when it starts, depends on the claim. Obtain advice as soon as defects emerge, while evidence and recovery options remain available.

VCAT's Built Environment practice area handles many disputes under the Domestic Building Contracts Act 1995 (Vic), while the Supreme and County Courts hear substantial commercial building disputes and claims outside VCAT's jurisdiction. The appropriate forum depends on the parties, the cause of action, the relief sought and the value and complexity of the claim.

Check the contract, payment schedule deadlines, notice requirements and evidence of defective or incomplete work before withholding payment. A poorly documented withholding decision can escalate the dispute or weaken the response to a payment claim. We help assess the entitlement, the available set-off and the safest next step.

Yes, where the parties can document a practical pathway for payment, rectification, access, supervision and future milestones. The settlement needs clear dates, responsibilities and consequences if either side defaults. This can preserve the project while still protecting the legal position.