Building a home or renovating a property is one of the biggest investments you will ever make. Unfortunately, not every builder is trustworthy, and dealing with a dodgy builder can cost you time, money, and peace of mind.
Understanding Building and Construction Law in Australia can give you the tools to protect your investment, avoid disputes, and hold builders accountable.
Know Your Legal Rights as a Homeowner
Homeowners are protected by several laws, including the Home Building Act 1989 (NSW) and the Australian Consumer Law (ACL). These laws ensure that builders meet minimum standards, provide proper warranties, and adhere to agreed timelines.
If a builder fails to meet their obligations, you have the right to request rectification work or seek compensation. Being aware of these rights early can prevent costly mistakes and disputes.
Always Use a Written Building Contract
A written contract is one of the best protections against dodgy builders. It should outline:
The total cost and payment schedule.
A clear scope of work and project timeline.
Warranties and defect rectification periods.
Dispute resolution clauses.
Before signing, have your contract reviewed by a Building and Construction Law solicitor. A lawyer can spot hidden clauses and ensure you’re fully protected.
Choose Builders with Proven Credentials
To avoid falling victim to scams, always check your builder’s:
Licence through your state’s building authority (e.g., NSW Fair Trading).
Reviews and references from previous clients.
Membership with recognised industry bodies, such as Master Builders Australia.
Dodgy builders often avoid providing written quotes, licences, or proof of insurance—red flags you shouldn’t ignore.
Conduct Regular Site Inspections
Even if you trust your builder, it’s essential to monitor progress. Engage an independent building inspector to check the quality of work at key stages. This helps identify defects early and ensures the work complies with building codes and safety regulations.
Avoid Large Upfront Payments
Under Building and Construction Law, most states restrict how much a builder can request upfront. For example, in NSW, builders can only ask for a 10% deposit for projects over $20,000. Paying too much upfront leaves you vulnerable if the builder disappears or fails to deliver.
What to Do If You Suspect a Dodgy Builder
If you’re dealing with delays, poor workmanship, or a builder who refuses to communicate, you can:
Raise a formal complaint with the builder and keep written records.
Contact your state’s building authority or lodge a dispute through NSW Fair Trading.
Seek legal advice from a Building and Construction Law solicitor to understand your options.
The Role of Expert Legal Advice
When building disputes escalate, legal advice is crucial. A solicitor can help you:
Interpret and enforce contract terms.
Negotiate settlements without going to court.
Represent you in tribunal or court proceedings if needed.
By acting early, you can avoid lengthy disputes and financial losses.
Building or renovating your dream home shouldn’t be stressful. With the right knowledge of Building and Construction Law and the support of experienced professionals, you can avoid dodgy builders and protect your investment.
Need help with a building dispute?
Contact New South Lawyers today. We’ll guide you through contracts, disputes, and legal protection so you can build with confidence.
