Overview
If your builder won’t return your calls, won’t fix defects, or your dream build has become a costly nightmare, you don’t have to face it alone. At Saines Lucas Solicitors, our building dispute lawyers led by Katalina Toth act for homeowners across Melbourne, Ballarat and regional Victoria, concerning building law advice and all types of building disputes including complex disputes involving slab heaves, commonly an issue in volume building across the western part of Victoria where the soils are highly reactive to moisture.
We focus initially on attempting to resolve a dispute directly with the building practitioner/s and if that is not successful, we then assist Owners with applications to the Domestic Building Dispute Resolution Victoria (DBDRV) and if required, we proceed to the Victorian Civil and Administrative Tribunal (VCAT) or Court.
We’re a boutique, experienced civil litigation team, which means you deal directly with your lawyer on your matter, not a rotating cast of juniors billed back to you and overseen by a partner. We service the entire state and travel across Victoria for site visits with experts where needed, from our offices in Ballarat, Melton, Ararat and Horsham.
We assist clients with:
Building contract advice before you sign
The best building dispute is the one that never happens. We review and advise on domestic building contracts before you sign, negotiating terms and conditions to protect your rights and minimise the risk of a costly dispute down the track. Whether you’re a homeowner starting a new build or seeking to renovate an existing house, getting your building contract reviewed first is a good investment and may save you time and potentially a lot of money on your building project.
Builder won’t fix defects? Here’s how we help
- Most building disputes start the same way: the work is defective, incomplete, or not to standard, and the builder stops cooperating. We step in to take over the negotiations and, where needed, pursue your domestic building dispute through to resolution. We always try to resolve matters early, but when litigation is necessary, we have deep experience running these cases.
- We have considerable experience in the building defects that cause the most damage and stress, including:
- Slab heaves and defective slabs/footings: these often present as cracking throughout the structure and other superstructural distress, i.e. walls separating from floors, doors and windows jamming, etc., and consequential damage such as cracked drains causing water penetration under slab/footings which can cause slab heave. A defective slab/footing design could also contribute to or even be the sole cause of a slab heave. Slab heave cases are common in areas such as Werribee, Melton, Kurunjang and Bacchus Marsh areas.
- Defective engineering design: can be site drainage, structural and geotechnical. These defects can cause significant structural damage and consequential loss and damage.
- Defective plumbing: roof, stormwater and sewer drainage defects, which can cause extensive water damage to a home, mould contamination and contribute to a slab heave causing extensive superstructural damage.
- Non-structural building defects: These include fixtures and fittings.
- Mould damage and contamination: Certain mould cases may require extensive remediation works. It is imperative to identify the cause of the mould in a home. Serious mould contamination can be hazardous to human health and must be appropriately remediated.
- Damage from a neighbouring build: where works undertaken on a neighbouring site may have caused damage your property in some way.
- Owners Corporation defect disputes: involving common property.
Builder gone insolvent? Home warranty insurance claims
If your build completed prior to 1 July 2026, and your builder has died, disappeared, or gone insolvent or bankrupt, you may be able to claim through the Domestic Building Insurance (DBI) scheme for contracts over $16,000 which have a DBI Certificate of Insurance.
In Victoria, the DBI is now called Home Warranty and this is governed by the Building and Plumbing Commission (BPC) for eligible domestic building work pursuant to eligible contracts (i.e. contracts over $20,000) for work signed on or after 1 July 2026.
We assist Owners in lodging these insurance claims, and where the insurer disputes them, we represent Owners in claims against the Insurer (DBI or Home Warranty).
Building & construction disputes for owners and businesses
Beyond residential defects, we act in broader building and construction matters — including Owners Corporation actions over defects and non-compliance, disputes involving liability for unreasonable water flow onto your property and causing damage (Section 16 Water Act 1989 (Vic)), and breach of contract claims where a builder or supplier hasn’t met their obligations under contract. We’re also experienced in building and public liability insurance claims, working to secure the best possible outcome for clients.
The DBDRV, BPC and VCAT process explained
For most residential building disputes in Victoria, the first step in the litigation process is to apply to the Domestic Building Dispute Resolution Victoria (DBDRV) which is now part of the Building and Plumbing Commission (BPC). Either the Owner or Builder may apply to the DBDRV to seek to resolve any issue in dispute. It is a free conciliation process and can avoid the need to proceed to litigation in VCAT or Court. The DBDRV also has certain powers that it may use to assist in resolving a dispute.
The DBDRV is a necessary step before a party can initiate proceedings in VCAT.
We can:
- Lodge your DBDRV claim and draft the List of Defects and Claims on your behalf
- Assist you to prepare for Conciliation, provide advice during Conciliation and in certain circumstances, as permitted by the DBDRV, represent you at Conciliation.
- Lodge and run claims in VCAT and the Courts for breach of contract, building defects, non-compliance, and regulatory breaches by building practitioners.
- Represent you in pre-litigation Mediation to resolve matters avoiding litigation.
Consumer law: faulty goods & misleading conduct
We also help consumers who’ve been sold goods of substantial value including machinery, equipment and the like that are defective or not fit for purpose, or where there’s been misleading and deceptive conduct. We advise on your rights and, where needed, lodge and run claims in VCAT and the Courts for misleading and deceptive conduct and breach of contract.
Why choose Saines Lucas for building dispute matter
- Local since 1939: deep experience with building dispute across Ballarat and Western Victoria.
- Genuine VCAT & DBDRV experience: we run these matters regularly, not occasionally.
- Five regional offices: Ballarat, Ararat, Horsham, and Melton, plus phone and video appointments.
- Clear, upfront guidance: we explain the process, the costs and your options before you commit.
- Quality, affordable, results-focused: a small team that gets excellent outcomes for clients.
Our building and consumer law matters are led by Katalina Toth, our senior commercial and civil litigation lawyer, who represents clients across building, consumer and commercial disputes.
Our People
Katalina Toth
Building Dispute FAQs
How much does a building dispute cost, and do you offer payment plans?
The cost of a building dispute depends on its complexity; a straightforward defects claim resolved at DBDRV conciliation costs far less than a contested matter that runs to a full VCAT or court hearing.
The main drivers are severity of defects, whether expert reports (engineering, building, geotechnical) are needed, and how willing the other side is to resolve the matter early.
We’ll give you a clear picture of the likely costs and options up front, before you commit, so there are no surprises. We also offer payment plans and deferred payment arrangements for building disputes in appropriate cases, so that cost isn’t a barrier to getting proper legal help. Talk to us about what would work for your situation.
How long will my building dispute case take in VCAT or Court?
Every matter is different, but as a general guide: disputes resolved through Domestic Building Dispute Resolution Victoria (DBDRV) conciliation can conclude in a matter of months, while matters that proceed to VCAT or the courts typically take longer, often a year or more, depending on the complexity of the defects, the volume of expert evidence, and the tribunal’s or court’s timetable.
Delays are often driven by the other party’s conduct and by how long expert reports take to prepare. We always aim to resolve matters as early and cost-effectively as possible, through negotiation or mediation where we can, to avoid the time and expense of a full hearing. At the outset we’ll give you a realistic estimate of the likely timeframe for your specific matter.
What information do you need from me before you can advise me in a building dispute?
The more documentation you can provide up front, the faster we can assess your position and advise you.
Helpful materials include: a comprehensive chronology of events detailing all material dealings with the building practitioner and if possible, annexures with links to relevant documents mentioned in the chronology, such as your building contract and any variations; all plans, specifications and permits; correspondence with your builder or building practitioner (emails, letters, texts); any defect lists prepared and provided to the builder, inspection reports or expert reports you obtained; photographs or video of the defects; invoices, receipts and proof of payments; and your Home Warranty Insurance certificate, if you have one.
Don’t worry if you don’t have everything, provide what you can, and we’ll guide you on what else is needed and how to obtain it.
Who pays for defects in a new build?
In most cases the builder is responsible for rectifying defects in their work. Victorian domestic building law implies warranties into major domestic building contracts requiring work to be carried out properly, with reasonable care and skill, and to be fit for purpose.
In some cases, liability may be extended to other building practitioners involved in the chain of events leading to the loss and damage suffered.Working out who is liable, the builder, a sub-contractor, an engineer or another practitioner, is exactly the kind of assessment we can help you with.
Do I need a lawyer for VCAT or DBDRV?
The DBDRV and VCAT processes are designed to be accessible without a lawyer, and in some VCAT matters legal representation requires the tribunal’s permission. But that doesn’t mean you’re on an even footing. Building disputes turn on technical evidence, procedural requirements and strict time limits, and the other side is often insured and legally represented. Quite often, VCAT will order an Owner/Applicant to obtain legal representation due to the complex nature of the dispute.
A lawyer can help you prepare your case properly, obtain and present the right expert evidence, and put you in the strongest position for a successful outcome.
For complex or high-value matters, having experienced building dispute lawyers on your side can make a significant difference to the result.
What is DBDRV and the Building and Plumbing Commission (BPC)?
Domestic Building Dispute Resolution Victoria (DBDRV) was the government service that ran conciliation for residential building disputes.
Since 1 July 2025, its functions have been absorbed into the Building and Plumbing Commission (BPC, Victoria’s single regulator for building disputes, insurance and registration). In practice, the BPC is your first point of entry: it offers free conciliation aimed at resolving disputes between homeowners and builders without a formal hearing.
If your dispute can’t be resolved through BPC conciliation, the next step is usually an application to VCAT. We can lodge your claim, prepare your List of Defects and Claims, and represent you through conciliation and, if necessary, at VCAT.For contracts signed after 1 July 2026, where eligible domestic building work is incomplete, defective or non-compliant and the builder fails or refuses to complete or fix the work, you may make a Home Warranty claim direct to the BPC. Unlike the DBI, Home Warranty does not require the builder to have died, disappeared or become insolvent and the maximum claim available under Home Warranty is $400,000 in total for a home, subject to eligibility, limits and exclusions.