Building and construction disputes

by | 3 Apr, 2024

The increasing cost of building materials, supply issues and labour shortages in NSW have led to an unpreceded rise in disputes between homeowners, builders and trades. Fair Trading NSW has provided some helpful information and what you can do should you be affected by delays or increasing building costs. Please click the link to access the information on the Fair Trading NSW web site Home building delays in NSW | NSW Fair Trading.

Here are some of Connor & Co’s tips to help prevent and resolve a building dispute:

  • Always check that your builder holds a current building licence and is insured. This should be done prior to signing any building contract or engagement.
  • Ensure that you have a copy of your signed building or construction agreement or contract.
  • Keep in regular contact with your builder or trades, both by phone and email. Keeping the lines of communication open is essential.
  • Ensure that any variations to the agreement or contract are mutually agreed and are in writing.
  • Keep records of all your invoices and payments.
  • Back up any phone conversations with written confirmation. This ensures there is written record of the conversation. This can be an email, text message or letter.
  • Inspect your building works or site regularly.
  • Insist that your builder provide you with a weekly written progress report. That way you know exactly where your build is up to and that your expectations are being met.

Fair Trading NSW has information and provides the steps that should be taken in the event of a building dispute. This information can be accessed on the following links Resolving building disputes | NSW Fair Trading and Building defect complaints | NSW Fair Trading.

The NSW Government has published a document called the NSW Guide to Standard and Tolerances 2017 (The Guide). This guide provides the minimum technical standards and quality of work that is required to be fulfilled by a builder. Any building work that does not meet these standards could be considered to be defective. Whilst this document is a guide only, it does provide the minimum building standards, which can be helpful in dispute resolution. The Guide can be accessed at the following link; New South Wales Guide to Standards and Tolerances 2017 (nsw.gov.au).

It is important to note that a party who alleges that building work is defective, bears the onus of proving it. Having an independent building report is essential when determining what building works are defective.

Navigating the Fair Work and NCAT Tribunal system can be daunting for anyone that has not had experience with this dispute resolution process. Connor & Co Lawyers can facilitate this process on your behalf, please give us a call on 02 9299 6696 to find out how we can help you.

Unfortunately, not all disputes can be resolved through Fair Trading NSW or NCAT tribunal and it may be necessary to commence litigation in Court. If this is the case, please call Connor & Co Lawyers on 02 9299  6696. We have experience in building and construction dispute resolution and can provide you with the right advice for your situation.