Ten Melbourne construction law firms, with who each one acts for, who runs the work, and the Victorian rules on getting paid, home building contracts, warranty insurance and defects.
Google ratings checked 1 November 2026 · Updated 24 October 2026
No consultation terms published. Enquiries by phone or online form.
Office
Level 4, 1 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Lovegrove & Cotton says it has worked only in building, construction and planning law since Kim Lovegrove set it up in Melbourne in 1993. He was closely involved in developing the Building Act 1993 and the national model building act, according to the firm. Director Justin Cotton is the senior litigator and runs the practitioner advocacy side, appearing at VCAT and the Building Appeals Board. It suits owners chasing defects, builders facing disciplinary or regulator action, and owners corporations with cladding or leaky building claims. The site doesn't publish first consultation terms, so call or send an enquiry.
Founded in 1993
Also worth knowing
It handles VCAT, Building Appeals Board and building surveyor determination appeals.
Lawyers
A firm news post also reports construction lawyer Levent Karaca joining the firm.
Justin Cotton, Director, head of practitioner advocacy and senior litigator
Adjunct Professor Kim Lovegrove, Founder
Tsigereda Lovegrove, Construction and planning lawyer and manager
No consultation terms published. Call or email the office.
Office
Level 3, 55 Exhibition Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Oldham Construction Lawyers is a Melbourne boutique run by principal Daniel Oldham, who the firm says has more than 30 years in construction law. Its team of around nine works on building contracts, defects, VCAT domestic building claims, security of payment applications and Building Act disciplinary matters. The firm says it acts for builders, engineers, architects, surveyors, developers, trades and home owners, and for trade associations and their members, including the Master Builders Association of Victoria. The site doesn't publish first consultation terms, so call the office to discuss your matter.
Also worth knowing
It runs damages claims in VCAT's Domestic Building and Property List and Security of Payment Act applications.
Lawyers
The site also lists Michelle Ho, Chris Wright, Amy Anthony, Tim Owen, Elise Peck, Kat Neisler, Noah Clarke and Livannia Jong without stating their roles.
Daniel Oldham, Principal
Areas of construction law handled
Building contract advice
Construction and structural defect claims
VCAT domestic building claims
Security of payment applications
VBA and Building Practitioners Board disciplinary matters
No consultation terms published. Contact the Melbourne team directly.
Office
Level 16, 333 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Moray & Agnew is a national firm with one of the bigger construction teams in Melbourne. Managing partner Bill Papastergiadis OAM heads the Melbourne construction practice and, the firm says, has more than 30 years in the field, acting for councils, developers and large volume builders. He is also an accredited adjudicator under Victoria's Security of Payment Act, according to the firm. The team lists six partners and several special counsel in Melbourne. It suits builders, developers, consultants and public bodies on contracts, claims and payment disputes rather than single home owners. No first consultation terms are published.
Also worth knowing
The firm cites a Legal 500 Asia Pacific 2026 ranking in infrastructure, projects and construction.
Lawyers
Bill Papastergiadis OAM, Managing Partner, head of the Melbourne construction practice
Briony Kerr, Partner
Nathan Cutts, Partner
Phillip Vassiliadis, Partner
James Collier, Partner
Melissa Kincaid, Partner
Andreanna Moschoyiannis, Special Counsel
Angela Georgalis, Special Counsel
Laura Wilkie, Special Counsel
Michael Tourkakes, Special Counsel
Areas of construction law handled
Construction contract drafting and negotiation
Procurement and tender advice
Variations and extension of time claims
Security of payment claims and adjudication
Construction litigation
Arbitration, expert determination and mediation
Contract administration and risk advice
Government and infrastructure projects
Office
Level 16, 333 Collins Street, Melbourne VIC 3000
Other details
Other offices
Sydney, Brisbane, Canberra, Newcastle, Perth, Cairns and Hobart
No consultation terms published. Contact a Melbourne partner directly.
Office
Level 23, 500 Bourke Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Holding Redlich is a national firm with a Melbourne construction, infrastructure and projects group of four partners. Partner Lachlan Ingram's work centres on combustible cladding and building defects, and the firm says he acted for an owners corporation in a VCAT cladding and defects case that ran 58 hearing days. The group added partners Jonathan McTigue and Lisa Vo in 2026. It acts for principals, developers, contractors, consultants and subcontractors, and lists residential building disputes alongside major project work. It suits owners corporations with cladding or defect claims and businesses on larger projects. No first consultation terms are published.
Also worth knowing
Partners Jonathan McTigue and Lisa Vo joined the Melbourne practice in August 2026.
Best for Businesses and developers in large, multi party construction disputes
Melbourne partner Kerry Ioulianou is listed by Doyle's Guide as a leading construction and infrastructure lawyer in Victoria for 2024, 2025 and 2026, according to her firm profile.
Ioulianou practised as a barrister from 2006 to 2018 before joining the firm and focuses on large multi party construction disputes.
Melbourne partner Michael Lanyon, in the property and development team, also advises on building and construction contracts.
No consultation terms published. Contact the Melbourne office.
Office
Level 23, 181 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Colin Biggers & Paisley is a national firm with offices in Melbourne, Sydney and Brisbane, and its Melbourne office is on William Street. Its Melbourne construction and engineering work runs through partner Kerry Ioulianou, who practised as a barrister from 2006 to 2018 and focuses on large, multi party construction disputes. Her firm profile says Doyle's Guide listed her as a leading Victorian construction and infrastructure lawyer for 2024, 2025 and 2026. Partner Michael Lanyon, in the property and development team, also advises on building and construction contracts. It suits parties in bigger disputes. No first consultation terms are published.
Lawyers
Kerry Ioulianou, Partner, Construction & Engineering (Melbourne)
Michael Lanyon, Partner, Property & Development (Melbourne), also advises on building and construction contracts
Obligation free initial discussion, according to the firm. Appointments outside business hours on request.
Office
Level 14, 90 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
PCL Lawyers is a multi office firm with a CBD base on Collins Street and seven suburban offices around Melbourne. Its building and construction team is led by partner Emma Restall, who the firm says runs matters from VCAT through to the Supreme Court. The team covers residential and commercial work, from home building contract reviews and domestic building dispute resolution to security of payment claims and builder insolvency. It suits home owners and small builders who want a local office. The firm says it offers an obligation free first discussion, and after hours appointments on request.
Also worth knowing
It offers an obligation free first discussion and after hours appointments on request, the firm says.
Lawyers
Emma Restall, Partner, Building & Construction
Tayla Williamson, Building & Construction team (title not stated)
Areas of construction law handled
Residential building contract review and preparation
Domestic building disputes
DBDRV matters
VCAT applications and defences
Security of payment claims
Building defects and home warranty claims
Builder insolvency
Subcontractor agreements and disputes
Commercial construction disputes
Owners corporation matters
Builder licensing advice
Debt recovery for builders
Office
Level 14, 90 Collins Street, Melbourne VIC 3000
Other details
Other offices
Brighton, Chadstone, Dandenong, Frankston, Moorabbin, Preston and Sunshine, plus Sydney, Parramatta, Wollongong, Brisbane and Adelaide
Best for Home owners and small builders who want a contract checked before signing
The firm says it has practised since 2001.
Melissa Henderson has more than 26 years in private practice, according to the firm.
She was chief executive of Supa Group Constructions for over five years and held a domestic builder registration from 2006 to 2015, according to the firm.
Brief document review to clarify instructions, then a written costs agreement setting out scope and fees before work starts, according to the firm.
Office
Suite 712, Level 7, 530 Little Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Hendersons Legal is a small CBD practice that says it has been running since 2001. Its building work is led by Melissa Henderson, who the firm says has more than 26 years in private practice and spent over five years as chief executive of a home extension builder, holding a domestic builder registration until 2015. That background shows in its HIA and MBAV contract reviews, variation and delay disputes and warranty claims. It acts for home owners, investors, builders and trades. The firm says it confirms scope and fees in writing before it starts.
Founded in 2001
Also worth knowing
The firm says it confirms scope and fees in writing before starting work.
Lawyers
Melissa Henderson, Building and construction lawyer
David Henderson, Lawyer (role not stated)
Areas of construction law handled
HIA and MBAV contract reviews
Builder and trade contracts
Variations and site disputes
Delays and liquidated damages
Terminating building contracts
Defective and incomplete work claims
Domestic warranty insurance claims
DBDRV dispute resolution
VCAT and court proceedings
Security of payment claims
Office
Suite 712, Level 7, 530 Little Collins Street, Melbourne VIC 3000
No consultation terms published. Meetings in person, by video or by phone.
Office
Level 3, 257 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Turnbull Brown calls itself a building and construction law firm and works from an office on Collins Street in the CBD. The firm says it acts for builders, owners, developers, principals and subcontractors, and covers domestic and commercial building disputes, from conciliation at the Building and Plumbing Commission and VCAT through to Building Appeals Board and disciplinary matters. It also takes on neighbour property issues such as boundary, fence, easement and Water Act disputes. Meetings run in person, by video or by phone. The site doesn't publish first consultation terms.
Also worth knowing
Meetings can be in person, by videoconference or by teleconference.
Free, no obligation first consultation by phone or in person and a free case review, according to the firm.
Full profile: lawyers, services and sources
About the firm
Rosendorff Lawyers is a Melbourne commercial practice with a named building and construction team led by director Brett Samuel. It does front end work such as building contracts, development agreements and compliance, and back end disputes for builders, developers, trades, home owners and consultants, from VCAT up to the Supreme Court. The firm says it only acts for one side of a dispute. It suits owners and small builders who want to test a claim before spending money. It offers a free first consultation and a free case review, according to the firm.
Also worth knowing
It acts for builders, developers, trades, home owners, engineers, architects and surveyors.
Best for Contractors and businesses chasing or defending payment claims
The firm traces its Melbourne side to Martin & Martin, founded in 1912, according to the firm.
Melbourne senior associate Luke Mackay focuses on construction disputes and Security of Payment Act claims, the firm says.
Principal Steve Aitchison lists construction and project delivery among his areas and has been listed in Best Lawyers for real property and leasing law since 2019, according to the firm.
No consultation terms published. Contact the Melbourne office.
Office
Level 5, 114 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources
About the firm
Hunt & Hunt is a national mid tier firm whose Melbourne side, the firm says, goes back to Martin & Martin, founded in 1912, before the 1989 merger with the Sydney firm. In Melbourne its construction work runs through senior associate Luke Mackay, who focuses on construction disputes and Security of Payment Act claims, and principal Steve Aitchison, a property and planning lawyer who also works on construction and project delivery. It suits contractors and businesses with payment claims or contract disputes. The site doesn't publish first consultation terms.
Founded in 1912 (as Martin & Martin in Melbourne)
Lawyers
Luke Mackay, Senior Associate, construction and commercial litigation
Steve Aitchison, Principal, Property and Planning
Areas of construction law handled
Security of payment claims
Construction contract disputes
Payment claims and debt recovery
Construction litigation
Project delivery and infrastructure advice
Property development and planning
Office
Level 5, 114 William Street, Melbourne VIC 3000
Other details
Other offices
Sydney, North Ryde, Griffith, Darwin, plus affiliated firms in Perth and Brisbane
Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.
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How we compiled this list
We include firms with a Melbourne office that show real building and construction work. For each firm we read its website in October 2026 and wrote the description ourselves. Where we could only confirm a little about a firm, its write-up is shorter. Some firms here mainly act for contractors, developers and councils on larger projects, and we say so in the write-up. Where a firm says a lawyer is an accredited adjudicator under the Security of Payment Act, that means they can be appointed to decide payment disputes. It isn't specialist accreditation. Consultation and fee terms are as the firm describes them, so confirm them in your costs agreement. We show Google ratings with the date we checked them.
Some firms pay for a featured listing, which affects where they appear on this page. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.
This page is general information, not legal advice. Rules, time limits and insurance limits are as published by the Building and Plumbing Commission, Consumer Affairs Victoria, the Victorian Government, VCAT, the Victorian courts, Victoria Legal Aid and the Victorian Legal Services Board and Commissioner in October 2026. The Security of Payment rules are as amended from 15 April 2026, and the home warranty rules are those from 1 July 2026.
Getting paid under the Security of Payment Act
Victoria's Building and Construction Industry Security of Payment Act 2002 is a fast and inexpensive way to recover progress payments and performance securities due under a construction contract. Major changes made by the Fairer Payments on Jobsites and Other Matters Act 2025 started on 15 April 2026, and the amended Act applies to contracts entered into before, on or after that date, with some exclusions. The Act doesn't cover a domestic building contract between a builder and a home owner, unless the owner is in the business of building homes and signs the contract as part of that business. Contracts between the builder and its subcontractors or suppliers on a home job are still covered.
When to claim: reference dates are gone. You can serve a claim on and from the last day of each month in which you did work or supplied goods or services, with a limited exception in December. A claim served too early is treated as served on the earliest valid day
How often: one payment claim per month, but it can include earlier unpaid amounts. The contract ending doesn't stop you serving a claim
How late: by the day before six months after practical completion, or after all goods and services were supplied, unless the contract allows later. The limit used to be three months
What you can claim: "claimable variations" and "excluded amounts" have been removed, so a claim can now include items such as latent condition compensation and time related costs. The other side can set off items such as liquidated damages in its payment schedule
Unfair clauses: a notice based time bar in a contract can be declared unfair if complying isn't reasonably possible or would be unreasonably onerous, and the party saying so has to prove it. Pay when paid clauses have no effect
Step
Time limit
Payment schedule in reply to a claim
Within 10 business days after the claim is served, or sooner if the contract says so
Payment due date
The date in the contract, but no later than 20 business days after the claim is served. If the contract sets no date, 10 business days after the earliest day the claim could be served
Schedule sent by post
Treated as served 7 business days after posting, unless it arrives earlier
Business days
22 December to 10 January don't count for the Act's timeframes
A payment schedule must identify the claim, state the amount the respondent will pay and, if that's less than claimed, give the reasons, including any reasons for withholding. If no schedule is given in time, the respondent becomes liable for the full amount claimed. The claimant can then sue for it as a debt, apply for adjudication, or suspend work or supply until paid.
Adjudication, securities and retention money
Adjudication gives a quick decision on what's owed. If no payment schedule was given, the claimant must first give written notice that it intends to apply for adjudication, under section 18(2), and the respondent then has 5 business days to provide a schedule. Before 15 April 2026 it had 2. The Building and Plumbing Commission publishes a sample notice form.
Step
Time limit
Adjudication response
By the later of 5 business days after receiving the application or 2 business days after notice that the adjudicator has accepted it. A copy goes to the claimant within 3 business days after lodging
Adjudicator's decision
Within 10 business days of appointment or of the last day for the response, whichever is later. The parties can agree to extend this by up to 20 more business days
A respondent can't raise reasons in its adjudication response that weren't in its payment schedule, and if it gave no schedule it can't lodge a response at all. So if you're defending a claim, the schedule is the document that matters most. A late decision isn't invalid just for being late, but the adjudicator isn't paid for it. Review adjudications were abolished in the 2026 changes.
Retention money and securities. Retention money is now treated as a performance security. A claim for its release can be served 20 business days after the defects liability period ends, or when an event set by the contract happens, whichever is earlier. Before calling on a security, a party must give the provider at least 5 business days' notice, and the parties can't agree to change that.
Domestic building contracts and deposits
The Domestic Building Contracts Act 1995 sets the rules for building, renovating or extending a home in Victoria. A builder must be registered with the Building and Plumbing Commission for a domestic building contract worth more than $10,000, and for restumping, reblocking, demolishing or removing a home whatever the value. The BPC has a Find and check a practitioner tool on its website.
Before you sign: for a major domestic building contract, over $10,000, the builder must give you the Domestic Building Consumer Guide
What the contract must include: a detailed description of the work, the builder's registration number, the price, the deposit and progress payments, the date it takes effect, the five day cooling off advice, the implied warranties and the approved contract checklist, all in clear English
Warranties: the implied warranties must be set out in the contract and can't be waived
Banned terms: compulsory arbitration clauses, caveats on the building site, and clauses waiving the warranties. Cost escalation clauses are banned unless the price is over $500,000 and Consumer Affairs Victoria approves the clause, and CAV says it hasn't approved any. Cost plus contracts are banned under $1 million
The price: building permit fees, council fees, GST and government levies must be in the contract price, not added later. Fixtures and fittings that aren't chosen or priced yet must be shown as prime cost or provisional sum items
Contract price
Maximum deposit
Under $20,000
10%
$20,000 or more
5%
After the deposit you pay for completed stages, with limits on each progress payment. Consumer Affairs Victoria warns that home warranty insurance may not cover work you paid for before it was done. The price can only change through variations or prime cost and provisional sum items. A variation needs a written notice unless the builder reasonably believes it won't need a permit change, cause delay or add more than 2% to the original price. If the building surveyor requires a variation, you have five business days from receiving the notice to object in writing.
New domestic building contract laws passed in September 2025 will raise the major contract threshold from $10,000 to $20,000 and let deposit and progress payment limits be set by regulation. Until they start, the current rules above still apply.
Home warranty insurance from 1 July 2026
Before 1 July 2026, domestic building insurance was a last resort scheme for owners whose builder became insolvent, died or disappeared. The First Resort Home Warranty Scheme started on 1 July 2026 and is run by the Building and Plumbing Commission. It covers work over $20,000 on a home, or on 2 or more homes in a building of 3 storeys or less. The standard cover doesn't apply to owner builders, speculative builders building for themselves, owners contracting for 3 or more homes, or off the plan vendors. Owner builder work has its own separate cover, which mainly protects later buyers.
The builder pays the premium to the BPC within 10 business days after the contract and before work starts, and the BPC then issues a Notice of Cover. Check that you receive one after signing.
Cover
Limit
Lost deposits and incomplete work
Completion costs capped at 30% of the contract price. Claim within 12 months of a trigger event
Major defects
6 years from completion
Other defects
2 years from completion
Maximum cover
$400,000 per home. Accommodation, removal and storage are capped at $12,000, and site security at $5,000
Excess on defect claims
$500 from 3 months to under 3 years after completion, $750 from 3 to under 5 years, and $1,000 from 5 years. None for incomplete work
A trigger event is when the builder dies, can't be found or is deregistered, becomes insolvent or goes into external administration, or has its registration cancelled, or when the contract ends under section 49W of the Domestic Building Contracts Act or you validly end it because of the builder's default. For defects without a trigger event, you first give the builder a complaint notice, and the builder has 28 days to respond. Defect claims must be made within 12 months of when you became aware of the defect, or should have. The BPC has 9 weeks to decide a claim, and you can appeal to VCAT within 28 days. Cosmetic differences, wear and tear, termites, loss of rent or value, floods and landslides, and asbestos removal aren't covered.
Defects and disputes: the BPC first, then VCAT
The Building and Plumbing Commission became Victoria's building regulator on 1 July 2025, taking over the functions of the Victorian Building Authority, Domestic Building Dispute Resolution Victoria and the domestic building insurance arm of the VMIA. Its free, impartial dispute service was previously known as DBDRV. The BPC can also order builders, subcontractors and developers to fix poor work during construction and for up to 10 years after the certificate of final inspection or occupancy permit, or after practical completion if no building permit was needed. Work finished before 1 July 2026 can be covered.
Who can apply: builders, owners, architects, subcontractors, tradespeople and other practitioners
What's covered: domestic building work, such as building, renovating, extending or demolishing a home, plus garages, driveways, pools, landscaping and drainage for it. Commercial work isn't covered, and a dispute about only one type of work, such as tiling, generally isn't eligible
What's excluded: work more than 10 years old, and disputes that are or have been the subject of a VCAT or court case, with limited exceptions
First step: try to sort it out with the other side, ideally in writing with a reasonable deadline. You must have taken steps to resolve it within the last 3 months
The process: a dispute resolution officer checks whether the dispute suits conciliation. The BPC may send an assessor to inspect, and you have 5 business days to raise concerns about the report. Conciliation is confidential and runs by video, phone, onsite or at the BPC office. Everyone with authority to settle must attend, and lawyers may be allowed case by case
If it doesn't settle: the BPC can issue binding dispute resolution orders, or certificates that let you go to VCAT. If a party won't take part, it can appoint an assessor, make an order or certify that the party failed to participate
VCAT hears domestic and commercial building disputes between an owner and a builder, subcontractor, architect, engineer or other practitioner, disputes with a warranty insurer, and reviews of insurer and BPC decisions. It generally won't hear a domestic building dispute involving a home owner until it has been through dispute resolution, except for an injunction application. Proof can be a certificate of conciliation, a rejection letter, a dispute resolution order or a notice of breach of one, and the names on it must match the parties to your application. For a company respondent you need an ASIC current company extract, which costs $9.00. To be represented by a lawyer you usually need VCAT's permission, which you ask for at the start of the hearing, unless an automatic right applies. VCAT recommends telling the other side in writing beforehand. Each side usually pays its own legal costs at VCAT unless it orders otherwise.
Where
What it hears
VCAT
Domestic and commercial building disputes, warranty insurer disputes, and reviews of insurer and BPC decisions
Magistrates' Court, 233 William Street
Debts and other money claims up to $100,000, such as unpaid invoices
County Court, 250 William Street
Civil claims with no upper limit
Supreme Court, 210 William Street
No upper limit, usually complex or high value cases. Most civil cases run in its Commercial Court or Common Law Division
Time limits. Under the Limitation of Actions Act 1958, a contract or negligence claim, other than for personal injury, generally has to be started within 6 years of when the cause of action accrued. When time starts can depend on the facts, and building claims can face other limits too, so get advice early. The BPC won't take disputes about work more than 10 years old, and warranty insurance claims have the deadlines set out above.
Choosing a construction lawyer, costs and free help
Pick a firm that regularly acts for your side. Some firms here mostly act for builders, developers and councils on larger projects, others for home owners and small builders, and a few also cover practitioner discipline and Building Appeals Board matters. Ask who will run your matter, whether they've handled BPC conciliation and VCAT building cases, and how they'll charge. If your legal costs are likely to be more than $750, the lawyer must tell you in writing how they'll charge and give an estimate. You can negotiate the costs agreement and ask for an itemised bill. Bring the contract, variations, payment claims and schedules, emails and photos to your first meeting.
Building and Plumbing Commission: 1300 067 088, 8:30am to 5pm weekdays, Level 19, 242 Exhibition Street. Its dispute resolution service is free
Building Information Line: 1300 55 75 59, 9am to 5pm weekdays
Justice Connect Domestic Building Legal Service: free help for homeowners without a lawyer who have been through the BPC dispute service and are going to VCAT, depending on means
Victoria Legal Aid: 1300 792 387, weekdays 8am to 6pm. If VLA, a community legal centre or a recognised means tested provider represents you, there's no VCAT fee
Law Institute of Victoria Find Your Lawyer Referral Service: can arrange a free first interview with a referred firm
Community legal centres: free advice, and some specialise in consumer matters
Melbourne construction law: common questions
How long does the other side have to respond to my payment claim in Victoria?
A respondent who disagrees with your claim must give a payment schedule within 10 business days after it's served, or sooner if the contract says so. Payment is due on the contract date, but no later than 20 business days after the claim. If the contract is silent, it's 10 business days after the earliest day the claim could be served. The period from 22 December to 10 January doesn't count.
What changed in the Security of Payment Act in April 2026?
From 15 April 2026, reference dates were replaced with a monthly claim date, the deadline for a final claim moved from three to six months after practical completion, and claimable variations and excluded amounts were removed. Respondents now get 5 business days, not 2, to give a schedule after a notice of intention to apply for adjudication. Review adjudications were abolished, and pay when paid clauses have no effect.
Can my builder use the Security of Payment Act against me as a home owner?
Generally no. The Act doesn't cover a domestic building contract between a builder and a home owner. The exception is an owner who is in the business of building homes and signs the contract as part of that business. Your builder's subcontractors and suppliers can still use the Act against the builder. For you, payments under the building contract are governed by the Domestic Building Contracts Act instead.
Do I have to go to the Building and Plumbing Commission before VCAT?
For a domestic building dispute involving a home owner, generally yes. VCAT won't usually hear it until it has been through the BPC's free dispute resolution service, which was previously DBDRV, and you'll need a certificate or other document showing that. The exception is an injunction application.
How does the new home warranty insurance work?
Since 1 July 2026 the BPC runs a first resort scheme for most home building work over $20,000. The builder pays the premium within 10 business days of the contract and before work starts, and the BPC issues a Notice of Cover. It covers lost deposits, incomplete work, major defects for 6 years and other defects for 2 years, up to $400,000 per home.
How long do I have to claim for building defects?
Under the home warranty scheme, major defects are covered for 6 years from completion and other defects for 2 years, and you must claim within 12 months of becoming aware of the defect. A contract or negligence claim generally has to start within 6 years, though other limits can apply to building claims. The BPC won't take disputes about work more than 10 years old, so get advice early.
How much deposit can a builder ask for?
No more than 10% if the contract price is under $20,000, and 5% if it's $20,000 or more. After that you pay for completed stages. Consumer Affairs Victoria warns that home warranty insurance may not cover work you paid for before it was done.
