The issue of incomplete work is similar to dealing with defective work, but it usually only arises as an issue after the completion of the construction period – in making this point however, it is surprising the number of times that Building Owners pay to the Builder the full and complete contract price, despite the incomplete work. In our experience, much time and expense can be saved in the dispute process, if the building owner withholds the amount of the final payment or part thereof – by taking such a position more often than not, the dispute will resolve before the need to make any Application to VCAT or at mediation early on in the dispute resolution process at VCAT.

The main points to be covered when dealing with incomplete work, are: -

1. identify the obligation in the domestic building contract for the builder to carry out the work; and
2. ascertain the value of that work by reference to the contract or third party quotation/report.