Top tips for avoiding a building dispute

Building or renovating a home is exciting, but it can also bring its fair share of stress, especially if disagreements arise between you and your builder. The good news is that some construction disputes can be avoidable. With a bit of preparation and the right communication habits, you can keep your project on track and your relationship with your builder on solid ground.

Here are five practical tips to help you avoid common building disputes before they start.

1. Keep communication open and consistent

Why does communication matter so much in building projects? Because most disputes don't start with a major disaster, they start with a small misunderstanding that's left unresolved. Issues around variations to the work, disagreements about what's actually included in the build, delays in payment, or general construction delays often trace back to a breakdown in communication.

The simplest way to avoid this? Stay in regular, clear contact with your builder throughout the project. Don't wait for a problem to become a big deal before raising it. Quick check ins and honest conversations along the way can stop small issues from turning into costly disputes.

2. Agree on the scope of work before you sign anything

What should be agreed before the contract is signed? Before any contract is finalised, both you and your builder should sit down and clearly define what the project actually involves. This means agreeing on exactly what work will be carried out, what materials and finishes are expected, and what your overall vision for the project looks like.

It's also worth discussing practical details at this stage, such as a payment schedule outlining what's due at each stage of the build, and how potential delays will be handled (weather, supply issues, and other factors beyond anyone's control).

Some builders may also set reasonable boundaries around communication, for example, agreeing on preferred contact hours or how often updates will be provided. Sorting these expectations out early helps both sides start the project on the same page, reducing the chance of disagreements down the track.

3. Always use a written contract

Do I really need a written contract if we've already agreed verbally? Yes, always. A verbal agreement might feel sufficient at the time, but if a disagreement later ends up in court, it often comes down to one person's word against another's. A written contract removes that uncertainty and gives both parties something clear to refer back to.

Before signing, make sure you fully understand the contract, including what it covers, what your obligations are, and what happens if something goes wrong. If anything is unclear, it's worth getting legal advice before you sign, not after a dispute arises.

Once you're confident with the terms, make sure the contract is signed by both you and your builder. A clear, mutually understood contract is one of the simplest ways to prevent disputes caused by misunderstandings.

4. Have a single point of contact

Why does it help to have one main contact person? If you're working with a sole trader or small partnership, you'll likely deal with the builder directly, which usually keeps communication simple.

However, if you're working with a larger building company, it's easy to feel like just another job number rather than a valued client. Most larger companies will assign a dedicated contact person to manage communication with you throughout the project. If this hasn't been made clear, don't be afraid to ask who your main point of contact is.

Having one consistent person to speak with makes it easier to raise questions, follow up on issues, and stay informed, helping prevent the kind of miscommunication that can lead to disputes.

5. Keep detailed records of everything

What kind of records should I be keeping? Good documentation is one of the most underrated tools for avoiding disputes. Keep a record of all communications with your builder, take photos of completed stages of work, and note down key details from any phone conversations (date, time, and what was discussed).

Where possible, try to communicate in writing, such as email or text, rather than relying solely on phone calls. This creates a clear paper trail that both you and your builder can refer to if questions arise later.

While documentation can feel a bit formal, its real value is in keeping everyone aligned and accountable throughout the project, not just preparing for a dispute, but preventing one altogether.

In summary

Even with the best planning, sometimes disagreements happen. If you feel a dispute may be starting to unfold on your building or construction project, it's best to seek legal advice early. Acting quickly can often resolve issues before they escalate into something more serious or costly.

How CPC Lawyers can help

We provide expert legal advice across all areas of Building and Construction Law, helping homeowners and builders navigate contracts, disputes, and everything in between.

Book an appointment via our website: Our available times are listed on our website, so you can easily schedule a time that suits you.

Call us on (08) 7325 0219 or email info@cpclawyers.com.au

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