Practice Areas / Building & Construction
Building & Construction Lawyers
Building contracts, payment claims, defects and disputes for home owners, builders and subcontractors across Melbourne, Frankston and the Mornington Peninsula, in English and in Polish.
Building work and building disputes
Most building disputes begin with something small: an unsigned variation, a withheld progress payment, or a defect the builder says is not their problem. Victorian law has strict rules for each, and many changed recently. The Building and Plumbing Commission (BPC) replaced the Victorian Building Authority as regulator in July 2025, and new payment and home warranty rules began in 2026.
We act for home owners, builders, developers, subcontractors and building practitioners, so we understand building contracts from both sides. Radek Dajer handles each matter personally, from a contract review to a VCAT hearing, and can advise you in Polish.
How we help with building and construction
Home owners
Contract reviews, defect and delay claims, variation disputes, and Home Warranty claims when a builder cannot or will not finish.
Builders and developers
Domestic and commercial building contracts, variations, payment disputes, defect claims and responses to Building and Plumbing Commission action.
Security of payment
Payment claims, payment schedules and adjudication for subcontractors, suppliers and head contractors, including claims for the release of retention.
Building disputes
Negotiation, BPC dispute resolution, VCAT hearings, and County Court or Supreme Court proceedings when a building dispute cannot be settled.
Domestic building contracts
Domestic building work in Victoria, from new homes to renovations, is governed by the Domestic Building Contracts Act 1995 (Vic). We prepare and review contracts, including cost plus contracts where the Act allows them, and advise builders and owners when a job goes wrong.
- Statutory warranties: every domestic building contract includes warranties that the work will be done in a proper and workmanlike manner, with good and suitable materials, in line with the plans and the law, and with reasonable care and skill. They pass to later owners and generally cannot be contracted out of.
- Deposits and progress payments: the Act caps deposits and, for major contracts, ties progress payments to stages of the work. Final payment is not due until the work is complete and the owner has the occupancy permit or certificate of final inspection.
- Variations: a change to the plans or specifications in a major domestic building contract must be recorded in writing and signed. A builder who does not follow the process may be unable to recover the cost.
- Changes due by 1 December 2026: the Domestic Building Contracts Amendment Act 2025 (Vic) will change the rules on deposits, progress payments, variations and ending a contract when it starts, no later than 1 December 2026. Check which rules apply before you sign.
Security of payment for contractors and subcontractors
The Building and Construction Industry Security of Payment Act 2002 (Vic) gives anyone who carries out construction work or supplies related goods and services under a construction contract a right to progress payments, with fast adjudication when payment is disputed. Major reforms took effect on 15 April 2026.
- Payment schedules: a respondent who wants to pay less must serve a payment schedule with reasons within the contract time or 10 business days, whichever is earlier, or it becomes liable for the full claimed amount.
- Payment terms: a term delaying a progress payment beyond 20 business days after the payment claim is served has no effect.
- Wider claims: the old excluded amounts rules are gone, so variations, delay costs and latent conditions can generally be claimed.
- Retention and security: retention money and performance bonds are now covered. Notice is required before drawing on them, and their release can be claimed under the Act.
- Home owners: the Act generally does not apply to a contract between a home owner and their builder for the owner’s home, but subcontractors and suppliers on residential projects can use it.
Deadlines run in business days
Deadlines under the Act are short and counted in business days, and 22 December to 10 January does not count. A missed deadline can defeat a strong claim, so diarise every date as soon as a claim or schedule is served.
Defects, Home Warranty and the BPC
If work is defective or incomplete, give the builder written notice listing the problems and allowing reasonable time to fix them, backed by photographs and an independent building report. What follows depends on when the contract was signed and whether the builder is still trading.
- Rectification orders: since 1 July 2026, the BPC can order the person who did the work, and in some cases an apartment developer, to fix incomplete, defective or non-compliant work. Under the Building Act 1993 (Vic) this generally extends to 10 years after the occupancy permit or certificate of final inspection.
- Home Warranty: for eligible work over $20,000 under contracts signed from 1 July 2026, the BPC’s Home Warranty insurance can respond when the builder is unable or unwilling to complete or fix the work.
- Earlier contracts: contracts signed before 1 July 2026 stay under the earlier domestic building insurance, which generally responds only if the builder has died, disappeared or become insolvent.
- Time limits: a building action generally cannot be brought more than 10 years after the occupancy permit or certificate of final inspection, and other limitation periods can end sooner.
- Builders and practitioners: we act on BPC show cause notices, rectification orders, disciplinary action and registration decisions.
Need advice on a building contract or dispute?
Book a consultation and bring your contract, variations, invoices and correspondence.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
For most domestic building disputes, yes. Under the Domestic Building Contracts Act 1995 (Vic), VCAT will not accept an application until the BPC’s dispute resolution service, formerly Domestic Building Dispute Resolution Victoria, issues a certificate of conciliation. The service is free, but you must first try to resolve the dispute yourself. Urgent injunctions are an exception.
For a major domestic building contract, you can usually withdraw by signed written notice within 5 clear business days after receiving a copy of the signed contract. The builder may keep $100 plus approved out-of-pocket expenses and must refund the rest. Some exceptions apply, so act quickly.
Find the Home Warranty notice of cover or domestic building insurance certificate for your job, and get advice before engaging another builder. Depending on when the contract was signed, you may be able to claim for incomplete or defective work. Keep records of the work done, payments made and all correspondence.
Check that the Building and Construction Industry Security of Payment Act 2002 (Vic) applies, then serve a payment claim that meets its requirements. If no payment schedule arrives in time, or it schedules less than you claimed, you may be able to apply for adjudication or recover the amount in court. Get advice as soon as a payment is late.
Yes. Fencing disputes under the Fences Act 1968 (Vic) are decided in the Magistrates’ Court, and disputes about the unreasonable flow of water between properties can go to VCAT under the Water Act 1989 (Vic). We also act in boundary, owners corporation and compulsory acquisition disputes.
Building and construction insights
Getting paid on time has always been one of the biggest problems for subcontractors in Victoria’s building and construction industry….
Victoria’s building laws are changing significantly from 1 July 2026. Learn what the new buyer protections, warranty insurance reforms, and rectification orders mean for homeowners.
Discovering defects in your new home or renovation is stressful and expensive. Victorian law provides protections for home owners against defective building work.