A home or building project going wrong is stressful in a way few disputes are — it is your money, often your home, and the people you trusted to get it right. Victoria has a specific path for resolving domestic building disputes, and it pays to use it correctly rather than firing off letters that go nowhere. I help homeowners deal with defective or incomplete work, disputed variations and builder disputes, with a steady eye on the cheapest route to a fixed problem.
Victoria's path for domestic building disputes: DBDRV first
Domestic building work in Victoria is governed by the Domestic Building Contracts Act 1995 (Vic), which implies warranties into every domestic building contract — that the work will be carried out with reasonable care and skill, in accordance with plans and the law, and will be suitable for occupation. Before most domestic building disputes can go to VCAT, they must first go through Domestic Building Dispute Resolution Victoria (DBDRV), a free government conciliation service that can issue a binding dispute resolution order requiring a builder to fix defective work.
DBDRV resolves a great many disputes without anyone going near a tribunal, which is exactly the point — it is faster and cheaper. I help you prepare a strong, well-evidenced case for that process.
Common disputes: defects, incomplete work and variations
The disputes I see most are defective work, work left incomplete (often after a builder walks off or becomes insolvent), disputed variations and cost blowouts, and long delays. Domestic building insurance and the statutory warranties can be crucial where a builder has disappeared or gone under, and knowing how to use them is half the battle.
Good evidence wins these matters — a clear independent expert report on the defects and the cost to rectify is usually worth far more than the strongest letter. I help you get the right evidence in place early.
When it goes to VCAT
Where DBDRV does not resolve it, domestic building disputes are heard in the Building and Property List of the Victorian Civil and Administrative Tribunal (VCAT). VCAT can order rectification, damages, or repayment, and it is designed to be more accessible than a court — though larger and more complex building disputes still benefit from careful preparation and expert evidence.
I will give you an honest view of the likely cost and the likely outcome before you commit to a VCAT proceeding, so the cure never costs more than the disease.
How I handle a building & construction disputes matter
- 1Free initial conversation about the project and what has gone wrong
- 2Advice on the statutory warranties and any domestic building insurance
- 3Help getting the right independent expert evidence in place
- 4Preparation and conduct of the DBDRV conciliation
- 5Where needed, representation in the VCAT Building and Property List
Frequently asked questions
What can I do about defective building work in Victoria?
In Victoria, defective domestic building work breaches the implied warranties in the Domestic Building Contracts Act 1995 (Vic). Most disputes must first go to Domestic Building Dispute Resolution Victoria (DBDRV), a free conciliation service that can order a builder to rectify the work, before the matter can be taken to VCAT. Strong independent evidence of the defects is key.
What is DBDRV?
Domestic Building Dispute Resolution Victoria (DBDRV) is a free Victorian government service that conciliates domestic building disputes and can issue a binding dispute resolution order requiring a builder to fix defective work. For most domestic building disputes, going through DBDRV is a required step before you can apply to VCAT.
What if my builder has gone broke or disappeared?
If a Victorian builder becomes insolvent or walks off the job, domestic building insurance and the statutory warranties under the Domestic Building Contracts Act 1995 (Vic) become important. Whether you can claim, and against whom, depends on the contract and the circumstances — which I can assess with you at the first consultation.
Do building disputes go to court or VCAT?
Most domestic building disputes in Victoria are heard in the Building and Property List of VCAT, after first going through DBDRV conciliation. VCAT can order rectification, damages or repayment. Larger or more complex commercial construction disputes may instead proceed in the courts, depending on the contract and the amounts involved.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about building & construction disputes in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.