Solving a Dispute with My Builder
I need assistance with solving a dispute with my builder. Can you help?
Having been in the business of building residential homes for 30+ years, we know that litigation is one area where all parties should steer clear.
The financial loss associated with litigation can be massive. With solicitors charging up to $650 per hour, and $100 per email, you can spend many thousands of dollars and still not get very far in resolving any home construction dispute.
What are my rights as a homeowner if I’m facing problems with my builder?
Our independent inspector at Home Building Assist has been in the construction industry for over 30 years building homes that people love. We are aware of the building codes that builders must adhere to when constructing your home and the importance of sound building contracts.
You are protected by specific laws and regulations during the home building process. These are the top things you should be aware of when looking at dispute resolution with your builder.
- In Victoria, home builders are obligated to provide work to a professional, specific standard. This means that the materials used and the work performed should meet industry standards and the specifications outlined in your contract.
- Your building contract is a legally binding document that outlines the agreed-upon terms, including project scope, timelines, and costs. Your builder is required to fulfil these terms as stated in the contract.
- Builders are responsible for completing the project within the agreed-upon timeframes. Delays are common due to unforeseen circumstances, but your builder should communicate these to you and seek your agreement for any changes.
- In Victoria, home builders are required to provide certain statutory warranties and guarantees to homeowners, including a 6-year structural warranty and a 2-year non-structural warranty. This means that your home should be free from major structural defects for six years after completion.
- If there are changes or variations to the original plans, your builder must provide written notice detailing the changes and any potential impact on cost and completion time. You have the right to agree to or dispute these changes.
What steps can I take to resolve a dispute with my home builder
The state of Victoria offers avenues for dispute resolution. However the first best step is to initiate communication with your builder.
If this doesn’t lead to a resolution, you can engage the services of our inspector through Home Building Assist. We will provide dispute resolution so that both parties can move forward.
You can escalate the matter to the Victorian Civil and Administrative Tribunal (VCAT) however we recommend this as a last call to action.
You may also speak with Consumer Affairs Victoria (CAV) who oversee consumer protection laws. They provide some guidance and resources for homeowners facing issues with their builders, to ensure that your rights are upheld.
Solving Builder Disputes
We find that the best way forward is to help the parties resolve their differences before getting a solicitor involved.
This is done by helping with preliminary independent inspections to confirm if your concerns are justified. We prefer to do this on a consultative basis working with you, the owner and builder together.
If you are looking for an inspector who is out to pit owner against builder with over zealous reporting, we are not going to be the right inspector for you.
On the other hand if you want someone to conduct a hand over inspection and report on items, that as a builder we would have concerns with, then we can be of assistance.
If your builder is un-cooperative and reluctant to accept that there are defects in the property, then we are happy to assess and advise based on our decades of experience, expertise and what is considered industry standard.
Yes, if we possibly can. We will always point you in the right direction in taking the next step to resolve the issue.
Can I use your condition report in the dispute process?
Our reports are not done for the purpose of litigation. That said, as long as there is an understanding of the limitation of the report and the spirit it was conducted under, then it could be used.
Our reports are not issued in VCAT format, so if the dispute is heading to VCAT then a VCAT report is required.
We offer a mediation service if both you and your builder would prefer to fast track resolution without complicating the issue with a solicitor and going through the VCAT process, which can take up to a year.
Let’s have a conversation about your concerns and find out if we can assist.
Call us on 0412 584 345 today to start to resolve your problems and look to move into your home sooner, rather than later.
Footnotes:
