VCAT building dispute lawyers

VCAT's Building and Property List deals with a range of Victorian building and construction disputes involving property owners, builders, subcontractors, architects, engineers and other building practitioners.

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A building dispute may arise from a disagreement about the quality or scope of work, delays, variations, payment, contractual obligations or responsibility for defects.

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Whelan Lawyers assists clients to understand their legal position, assess the strength of their claim or defence and determine the most effective strategy for resolving the dispute.

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Our approach is focused on resolving disputes commercially where possible while preparing carefully for formal proceedings where necessary.

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Building disputes we assist with

Our construction lawyers advise on a broad range of disputes that may proceed to VCAT, including:

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Building defects

Disputes concerning defective or non-compliant building work can involve significant technical and financial issues.

We advise on claims involving alleged defects, incomplete works, rectification obligations, responsibility for defective work and the evidence required to establish or defend a claim.

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Building delays

Delays can affect completion, possession, financing and the commercial viability of a project.

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We advise on disputes concerning contractual completion dates, extensions of time, responsibility for delay and the consequences arising from delayed building work.

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Building variations

Variations can become contentious where there is disagreement about whether additional work was authorised, the price of the variation or whether the work falls within the original scope.

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We advise on variation disputes, contractual rights and the evidence needed to establish entitlement.

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Payment disputes

Building disputes frequently involve disagreements about progress payments, final accounts, disputed invoices, retentions and amounts claimed under a building contract.

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We advise owners, builders and other construction participants on their contractual rights and available dispute resolution options.

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Contract disputes

The building contract is often central to a VCAT building dispute.

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We advise on contractual interpretation, breach, repudiation, termination, scope of works, contractual obligations and disputes about the rights and responsibilities of the parties.

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Incomplete or abandoned building work

Where building work has not been completed or a contractor has ceased work, urgent legal advice may be required.

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We can advise on contractual rights, termination, completion of the works, recovery of costs and potential claims against the relevant party.

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Domestic building disputes and DBDRV

For many domestic building disputes involving a homeowner, the dispute resolution process will need to be considered before proceedings can be commenced at VCAT.

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Domestic Building Dispute Resolution Victoria (DBDRV) provides a conciliation process for eligible domestic building disputes. In circumstances where the dispute is not resolved, the matter may progress towards VCAT.

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The appropriate strategy should therefore be considered before commencing proceedings.

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Whelan Lawyers can advise on the underlying legal dispute and assist with preparing a position that is capable of being progressed through the relevant dispute resolution process and, where necessary, VCAT.

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VCAT building dispute representation

If your matter proceeds to VCAT, preparation is critical.

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We can assist with:

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• Assessing the merits of your claim or defence;

• Reviewing the building contract and relevant project documents;

• Identifying contractual and statutory issues;

• Preparing or responding to VCAT applications;

• Preparing statements and supporting evidence;

• Reviewing expert and building reports;

• Analysing defects, variations, delays and payment claims;

• Preparing the documentary evidence supporting your position;

• Negotiating with the other party;

• Participating in mediation and other dispute resolution processes;

• Preparing for VCAT directions hearings and conferences; and

• Representing you in VCAT proceedings where appropriate.

Our objective is to identify the issues that actually determine the dispute rather than allowing a technically complex building matter to become unnecessarily broad or expensive.

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Building disputes are won on evidence

Building disputes frequently involve extensive documentation and technical evidence.

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The relevant evidence may include:

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• Building contracts;

• Plans and specifications;

• Variations;

• Correspondence;

• Site records;

• Progress claims;

• Invoices;

• Photographs;

• Inspection reports;

• Expert reports;

• Defect schedules;

• Building permits and approvals; and

• Records of communications between the parties.

A strong legal position needs to be supported by the evidence.

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Our construction law practice combines legal analysis with an understanding of how construction projects are actually documented, managed and delivered. This allows us to identify the contractual and practical issues that may materially affect the dispute.