Building + Construction Law

Most of the time, constructions disputes arise because of miscommunication or non-communication between the builder and homeowner. These communication issues commonly occur in relation to variations on the building works, disagreement on the scope of the building work, invoice payment delays and construction delays generally. Therefore, it is important that the builder and homeowner remain in steady, consistent contact to prevent any miscommunication from occurring.

If a builder is or has been performing works for you, it is likely that you have entered into a building and/or development contract with the builder. Depending on various factors such as the complexity of the contract and your understanding of the contract you have entered into, if you are feeling 'ripped off', we suggest seeking legal advice as soon as possible to determine whether the builder has breached that contract and your options available moving forward.

It is not uncommon for neighbours to complain about building works, especially where there is significant noise involved. To begin with, we suggest advising your neighbour, as soon as possible, when the building works is to begin, for how long each day, and when the building works will be finished. However, this does not always prevent complaints being made by neighbours. Depending on your relationship with your neighbours, the neighbours may make this complaint to you or to the relevant Council. If a complaint is made to you, we suggest that you keep all communications amicable in order for all parties to work together to achieve an outcome – this may mean to sit down with your neighbour and builder to discuss and attempt to resolve the neighbour's complaint. If a complaint is made to the relevant Council, the Council may contact you and, in our experience, the Council will either suggest for the parties to resolve the complaint together or the Council will investigate the complaint in order to provide a solution.

If the builder is a member of Master Builders SA, you may submit a complaint form on the Master Builders South Australia website. As Master Builders are not an enforcement authority, their role is simply to contact the builder and encourage them to work with you to resolve any issues that have arisen. If this avenue does not achieve an appropriate outcome for you, it is encouraged that you contact Consumer and Business Services to make a complaint via their website. However, like Master Builders South Australia, CBS do not provide legal advice and can only assist you through discussions between the parties. ​

If you are unhappy with a service provided by a builder, you should first raise your concerns directly with the builder. In our experience, this has the highest rate of resolving the issue. Suppose directly liaising with the builder does not resolve the issue, and the builder is a member of Master Builders SA. In that case, you may submit a complaint form on the Master Builders South Australia website. However, as Master Builders are not an enforcement authority, their role is simply to contact the builder and encourage them to work with you to resolve any issues that have arisen. If this avenue does not achieve an appropriate outcome for you, it is encouraged that you contact Consumer and Business Services to make a complaint via their website. However, like Master Builders South Australia, CBS do not provide legal advice and can only assist you through discussions between the parties. If the matter is not resolved through CBS, it may be time to book an appointment with us to take the matter further.

Thankfully, most building contracts have a 'maintenance period' within which the builder is required to rectify any works deemed as 'defects'. If your builder has failed and/or refused to rectify any defects in accordance with your contract (if applicable), you may be entitled to make a claim against the builder for the cost of having an alternative builder or tradesperson rectify the defect (depending on whether your building contract allows for this). In these circumstances, it is best to seek legal advice on this matter as soon as possible.

If you are unhappy with a service provided by a builder, you should first raise your concerns directly with the builder. In our experience, this has the highest rate of resolving the issue. Suppose directly liaising with the builder does not resolve the issue, and the builder is a member of Master Builders SA. In that case, you may submit a complaint form on the Master Builders South Australia website. However, as Master Builders are not an enforcement authority, their role is simply to contact the builder and encourage them to work with you to resolve any issues that have arisen. If this avenue does not achieve an appropriate outcome for you, it is encouraged that you contact Consumer and Business Services to make a complaint via their website. However, like Master Builders South Australia, CBS do not provide legal advice and can only assist you through discussions between the parties. If the matter is not resolved through CBS, it may be time to book an appointment with us to take the matter further. ​

The Building Works Contractors Act 1995 implies certain warranties on the part of your building work contract and apply regardless of what your building contract says. These warranties are as follows: Your building work must be performed in a proper manner to accepted trade standards and in accordance with the agreed plans and specifications. The materials supplied by the building work contractor will be good and proper materials. The building work will be performed in accordance with all statutory requirements. Unless the contract stipulates a period within which the work must be completed – the work will be performed with reasonable diligence. If your contract is for the construction of a house – the house will be reasonably fit for human habitation. If you have made known to your building work contractor the purpose for which the work is required, or the result you want to achieve in a way that demonstrates that you are relying on your contractor's skill and judgment, then your contractor warrants that the work and the materials will be fit for your purpose, or of a nature and quality that they might reasonably be expected to achieve that result. Under the Building Works Contractors Act 1995, a Form 1 Notice should be annexed to your building contract, which sets out the abovementioned warranties.