Building Disputes

Building Disputes

Building Act 1993 (Vic)

Domestic Building Contracts Act 1995 (Vic)

Owners Corporation Act 2006 (Vic)

Courts and tribunals

Francke Lawyers regularly act for clients involved in building disputes in the Victorian Civil & Administrative Tribunal (VCAT) and County Court of Victoria.

Building Defect Claims

Since the enactment of the “statutory warranties” in Part 2 of the Domestic Building Contracts Act 1995, dealing with building defect disputes has become a fact of life for both building owners and builders alike.
Defects can range from very minor matters to allegations of major structural problems. Questions often arise as to whether something is actually a “defect” (for which the builder is responsible) or just normal “wear and tear” (for which the owner is responsible). Disputes sometimes also involve the termination of a building contract.
Whether you are a builder or an owner, obtaining practical and clear legal advice so that you can understand your position is critically important.
Francke Lawyers are experienced advisers and are able to answer your questions.

DBI Insurance

In Victoria it is mandatory for builders to purchase domestic building insurance (DBI) for all domestic building projects, where the contract price is over $16,000. The insurance must cover the owner for breach of the statutory warranties (including incomplete work), but only if the builder has died, disappeared or become insolvent. Since 2014, the upper limit of cover for any given policy is $300,000. However, there are a number of complexities and exclusions that may apply, so it is important to seek legal advice before attempting to make a claim on a DBI policy.

Owners Corporation Matters

Francke Lawyers are experienced in advising Owners Corporations and individual lot owners in relation to building defects to common property (including cladding claims), damage to common property, Water Act claims, or matters related to the the proposed development/alteration of common property. Owners Corporation disputes are usually ventilated at VCAT. Contact us to find out how we can help.