A domestic builder must warrant the quality of their work. If defects are found, the first point of enquiry in most cases is to direct the builder back to rectify the subject work – the standard of work is governed by the Building Act, 1993 (VIC), the Building Regulations 2006 (VIC), the Building Code of Australia and other trade specific Australian Standards and Codes.
If a Builder fails to rectify the defective work, it is at this stage that building lawyers can become involved in an effort to get the builder to return to the job or alternatively to pay money by way of compensation for the defect and/or to negotiate an adjustment of the contract price.
If initial efforts to resolve a defect dispute are not successful, it is normally advisable to obtain a quotation/report and to then make an Application to the Domestic Building List of the Victorian Civil and Administrative Tribunal.
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