If you have a home building dispute with a builder or subcontractor do not take action to terminate the contract or exclude the builder from site until you have had legal advice

These are the things we will do for you:

  • We will look up the Office of Fair Trading web site to check that the builder's licence matches the name on the contract, entitles him to do the building work contemplated, and is current, how long he has been licensed, whether there has been any disciplinary action taken against him and whether there were any current complaints against him being investigated.
  • We will confirm that you are covered by Home Owners Warranty Insurance. The builder should have issued you with an insurance certificate pursuant to Section 92 of the Home Building Act, covering you for incomplete and defective work . We will check the currency of the insurance and obtain a copy of the insurance contract and review its terms.
  • We will notify the Home Owners Warranty Insurer of your claim.
  • We will give you guidance through the dispute process telling you how to prepare your claim. For example we will advise you on taking detailed photographs of the work as it was left by the builder before proceeding with rectification or completion of the works.
  • We will engage a building expert on your behalf to inspect the works and prepare a report.
  • We will attempt to negotiate a fair and reasonable settlement of your home building dispute, failing which we will commence proceedings on your behalf in the Consumer, Trader and Tenancy Tribunal
  • We will make a Calderbank offer or an Offer of Compromise on your behalf as soon as possible based on the building expert's advice so as to secure your position with respect to costs.
Peter Merity

If you'd like help in conducting your home building dispute, you can contact us through the contact form link on the right or call Peter Merity on (02) (9689 3992) by clicking on the button. You may also email him directly at pmerity@petermerity.com.au