Overview
We are passionate about looking after consumers in the context of domestic building claims and consumer contracts, particularly involving goods that are materially defective and/or not fit for purpose. Whether you are an Owner embarking on a new building project, a prospective purchaser looking at buying a house that is less than 10 years old, or even a consumer looking at purchasing goods (i.e. machinery and equipment) of substantial value, you need to make sure that you understand your rights and obligations concerning your major investment before you sign a contract. We provide comprehensive legal advice on domestic building and major goods contracts and can assist in negotiating terms and conditions that may prevent a costly nightmare from ensuing.
If you are an Owner and you have a building dispute involving a Builder, Engineer, Architect, Plumber, Electrician, or any other Building Practitioner or Tradesperson, we can provide comprehensive advice to help you navigate and resolve those disputes. Often, Owners require a lawyer to step in and take over the negotiations or pursue litigation, which we do regularly. We always attempt to resolve issues in first instance but there are occasions when litigation is necessary. In certain cases we recommend the parties attend a Mediation to avoid litigation, especially if the parties are willing to act in good faith with a view to resolve the issues in dispute in a cost effective and timely manner.
We also assist clients who have purchased goods of substantial value including machinery and equipment that are deemed either not fit for purpose, and/or defective or if there has been misleading and deceptive conduct.
We are also experienced in building and public liability insurance claims and ensuring clients get the best possible outcome.
Our object is to right the wrong as far as reasonably practicable and we have a wealth of experience in mediations and litigation representing consumers in the Victorian Civil and Administrative Tribunal (VCAT) and Victorian Courts.
We assist clients with:
- Advising on and negotiating domestic building contracts to ensure the consumer’s rights are protected as far as reasonably practicable and to minimise the risk of any dispute.
- Advising on defects and non-compliance issues and assisting clients in resolving those disputes. We have considerable experience in the following types of building disputes:
- Slab heave and defective footings cases;
- Defective engineering design – drainage, structural, geotechnical;
- Defective plumbing including roof and storm water drainage, sewer drainage;
- Building defects – structural and non-structural;
- Mould damage/contamination requiring extensive mould remediation works;
- Damage caused by works undertaken by building practitioners on neighbouring property/sites;
- Owners Corporation disputes involving defects or non-compliance concerning common property.
- Lodging Domestic Building Dispute Resolution Victoria (DBDRV) claims, now governed by the Building and Plumbing Commission (BPC).
- Drafting List of Defects and Claims on behalf of clients in the DBDRV/BPC and representing/assisting clients in Conciliations.
- Lodging Home Warranty Insurance Claims if the Builder has died, disappeared or gone insolvent/bankrupt.
- Representing clients in claims against the Home Warranty Insurer.
- Lodging claims and representing clients in the Victorian Civil and Administrative Tribunal (VCAT) and Courts concerning building defects, non-compliance, and regulatory breaches by building practitioners.
- Representing clients in pre-litigation Mediations.
- Representing clients in Section 16 Water Act 1989 (Vic) concerning liability arising out of flow of water onto a person’s property which has caused damage.
- Representing Owners in actions against Owners Corporations concerning building defects, non-compliance issues and damage.
- Advising on misleading and deceptive conduct in consumer transactions.
- Lodging claims and representing clients in VCAT and Courts concerning misleading and deceptive conduct and breach of contract claims.
Why choose us?
We are a highly experienced civil litigation team who can apply invaluable knowledge to each individual’s case, providing relevant advice and options to consider. We service the entire state of Victoria and have offices in Ballarat, Melton, Ararat and Horsham. We will travel anywhere in Melbourne and Victoria to do site visits, especially with experts where needed. We are a small team and you will always work directly with your lawyer on your matter. You wont have to deal with (and pay for) multiple lawyers undertaking work on your file and being overseen by a partner. Our approach is to work closely and effectively with our clients to achieve the best possible result. We pride ourselves on providing quality, affordable service and getting excellent results for our clients.
Our People
Katalina Toth
Domestic Building and Consumer Law FAQs
Do you offer payment plans or deferred payment options for building disputes?
We do offer these payment options to clients in certain cases/circumstances. We will need to carefully assess the case and determine if we can offer a payment option.
How long will my building dispute case take in VCAT/Court?
On average cases take about 1-2 years in VCAT/Court. Some may take longer depending on the number of parties joined to proceedings and the timing of those joinders. Also, experts may identify issues that require further investigation/s and this can cause delays. Each case has its own nuances, and we will discuss duration and provide an estimate once we have fully understood the case and reviewed all relevant material.
What information do you need from me before you can advise me in a building dispute?
We almost always ask for a comprehensive chronology of events detailing all dealings between the parties and copies of all documentation referred to in the chronology to be annexed in order of their reference. We will need a copy of the full Contract (signed copy, if any) with all other associated documentation including plans, specifications, permits, variations, invoices, email communications confirming agreements, text messages, photos, etc.. We want to have a thorough understanding of your matter from the outset, having all relevant information, so we are adequately prepared to provide accurate advice to you.