2001
Hendersons Legal established in Melbourne
Both sides
we act for owners, investors, builders and contractors
Across Victoria
by phone, email and e-signing
What is happening with your building project?
Pick the stage closest to yours and we’ll show the topics that usually come up.
Signing a building contract
Residential building contract review
A review of your HIA or MBAV contract, special conditions and schedules before you sign.
HIA and MBAV contracts and special conditions
What the standard forms leave for the builder to fill in, and how special conditions can change them.
Most builders use a standard HIA or MBAV contract. The standard form is only the starting point. The builder completes the particulars, annexures and schedules, and many contracts add special conditions that change the standard terms, often in the builder’s favour.
Reviewing the contract before you sign lets you raise problems while changes are still easy to negotiate. Once you have signed, you are generally held to what it says. Our building contract review page explains what a review covers.
Have a contract in front of you? Send it to us.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Contracts for builders and contractors
Preparing and reviewing building contracts, special conditions and the paperwork that goes with them.
Trade, supplier and surveyor contracts
Terms for subcontractors, suppliers and other project participants, and disputes with them.
Builders and contractors depend on a chain of agreements: trade and supplier contracts, engagements of engineers and soil testers, and the terms of engagement with a private building surveyor.
We prepare and review these terms, and we act when a dispute with a trade, supplier, consultant or surveyor starts to affect your project. The earlier we see the paperwork, the more options you have. See also our builders and contractors page.
Need terms prepared or a dispute assessed? Tell us what is happening.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
During the build
On-site disputes
Quick, practical advice when work stalls or a disagreement with your builder or owner is escalating on site.
On-site disputes tend to move fast. Common examples include a request for payment of a stage that is not finished, defects or incomplete work, delays, disputed variations, a builder asking for more than the contract price, and an owner being refused access to inspect the work.
Early advice helps both sides. Owners can protect their position before paying money they may not owe. Builders can avoid payment delays, construction delays and escalation. We look at your contract and what has been said and done, then suggest practical next steps.
Have an urgent problem on site? Call us or send an online enquiry.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Variations and extra costs
Changes to the work or price after you have signed, and how they are meant to be documented.
A variation changes the work or the price after the contract is signed. They are a common cause of building disputes, because it is easy to agree to something on site and argue about the cost later.
The Domestic Building Contracts Act 1995 (Vic) and your contract set rules for how variations are requested, documented and priced. A builder who skips the process can end up in dispute about whether the extra cost can be claimed, and an owner can face charges they did not expect.
Victoria has also passed reforms to domestic building contracts, including a single process for variations on major contracts and stronger rights for owners to end them. They are due to start by early 2027 and are expected to apply to new contracts, not existing ones.
Disputing a variation, or unsure how to document one? Ask us.
Source: Consumer Affairs Victoria
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Delays, extensions of time and liquidated damages
Completion dates, extension of time claims and delay damages, for owners and builders.
Completion dates are a frequent flashpoint. Builders may claim an extension of time for events the contract recognises, such as weather or variations. Owners may claim liquidated damages, an amount agreed in the contract for each day of delay, where the builder finishes late.
Both depend on following the contract’s notice and timing requirements closely. A missed notice can cost you a claim you would otherwise have had.
We help builders put extension of time claims together and defend delay claims, and we help owners respond to them. Tell us where your project is up to.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Terminating a building contract
Ending a contract with a builder who will not fix or finish the work, without exposing yourself to a claim.
Sometimes a builder will not fix defects or finish the work but keeps asking for progress payments. In that situation ending the contract can be the best option, but it is a serious step.
If termination is not carried out in strict accordance with the contract, the person terminating can become liable for wrongful termination. Builders face the same risk when ending a contract with an owner. Before you act, get advice on whether the grounds exist, how notices must be served and what follows.
Thinking about terminating? Talk to us before you send anything.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Defects, completion and insurance
Defective and incomplete building work
Claims about defects and unfinished work, plus the time limits and Building and Plumbing Commission powers that apply.
If you think work is defective or unfinished, start by recording what you can see and raising it with the builder in writing. Raising it in writing gives the builder a chance to put it right, and the Building and Plumbing Commission (BPC) expects you to have tried before it will take an application.
Since 1 July 2026 the BPC can issue rectification orders directing a builder to fix defective, non-compliant or incomplete work, including after an owner has moved in. Orders can be issued during construction and for up to 10 years after practical completion. The BPC decides whether an order is appropriate in each case.
Time limits also apply to legal claims. In Victoria, a building action generally cannot be brought more than 10 years after the occupancy permit was issued, or after the certificate of final inspection if no occupancy permit was issued (Building Act 1993 (Vic), s 134). Other time limits can apply in some situations, and the starting date is not always obvious, so get advice early.
Worried about defects or a builder who will not fix them? Get in touch.
Sources: Victorian Government, Building Act 1993 (Vic)
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Completion, final payment and handover
Final inspections, final payments and handover problems, for owners and builders.
Your contract sets out how completion works: the final inspection, the final invoice, handover and what happens to defects found afterwards. Problems start when the parties follow a different process from the one in the contract.
We help owners with final inspections, disputed final payments and handover problems. We help builders who are struggling to get final payment or to close out a job.
Approaching completion, or stuck at handover? Ask us.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Domestic warranty insurance claims
Claims where a builder cannot or will not fix or finish the work, and what to know before you accept a decision.
Builders must take out domestic building insurance (home warranty) for eligible work above a set value, and the builder pays the premium. If eligible work is incomplete or defective and the builder is unable or unwilling to fix it, the owner may be able to claim through the BPC.
Since 1 July 2026, a builder failing to comply with a BPC rectification order may also open the way to a claim for homes up to three storeys, not only where the builder has died, disappeared or become insolvent.
Claims have time limits, so get advice early and before you accept any outcome.
Thinking about a claim? Tell us what has happened.
Source: Building and Plumbing Commission
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Disputes and getting paid
BPC dispute resolution (formerly DBDRV)
Applying to, or responding to, the Building and Plumbing Commission’s domestic building dispute process.
On 1 July 2025 the Building and Plumbing Commission (BPC) was established, bringing together the Victorian Building Authority, Domestic Building Dispute Resolution Victoria (DBDRV) and the domestic building insurance function of the Victorian Managed Insurance Authority. The BPC’s dispute resolution service now handles disputes about domestic building work, usually between owners and builders.
Before you apply, you must first try to resolve the dispute yourself. A dispute resolution officer then assesses it and, if it is suitable, a conciliator helps the parties try to settle. If it is not resolved, the BPC can issue binding dispute resolution orders or a certificate that lets you take the matter to VCAT.
Some people run this process alone. We can review your application, prepare you for each step and, where permitted, act for you at conciliation.
Applying, or received a notice? Get in touch.
Sources: Building and Plumbing Commission, Victorian Government
This is general information, not legal advice. Every building project is different, so get in touch about yours.
VCAT and court proceedings
Hearings at VCAT and the Victorian courts for owners, builders and contractors, including appeals.
Payment claims and security of payment
A fast route to recover progress payments on commercial and subcontract work.
On commercial and subcontract work, the Building and Construction Industry Security of Payment Act 2002 (Vic) gives builders, contractors and subcontractors a quick way to recover progress payments. You serve a payment claim, the other side must pay or respond with a payment schedule within strict time limits, and if the claim stays unpaid you can apply for adjudication. The Act was amended from 15 April 2026, so older advice may be out of date.
The Act does not apply to a domestic building contract between a builder and a building owner, unless the owner is in the business of building residences (s 7(2)(b)). Recovering money from a home owner usually follows a different path, such as the BPC, VCAT or the courts. We will tell you which path fits before you spend money on it.
Owed money on a building job? Send us the details.
Sources: Building and Plumbing Commission, AustLII
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Defending defect and delay claims
Responding to owner claims about defects, delay and unfinished work, and recovering what you are owed.
Builders and contractors can face defect, delay and incomplete work claims from owners, and the owner’s demands often arrive just as final payment is due. We assess the claims against the contract, identify weaknesses in the other side’s case, and look for an early resolution. We see litigation as a last resort.
Where a matter does proceed, we have acted for both applicants and respondents at DBDRV and VCAT, and in appeals to the Supreme Court. See our builders and contractors page for more.
Received a defect or delay claim? Get in touch.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Why clients choose our building lawyers in Melbourne
Industry experience
Melissa Henderson ran a home extension building company, Supa Group Constructions, until March 2015 and held a Victorian domestic building registration until 2015, so we understand how a building job runs on site.
Owners and builders
We act for home owners, investors, builders and contractors, so we know what each side is thinking.
Fees confirmed upfront
We confirm the scope and our fees in writing before we start.
Easy to work with
We work by phone, email and e-signing, and put urgent matters first.
How it works
Send an enquiry
Use our online enquiry form or call us, and tell us briefly what is happening with your building project.
We clarify your instructions
We confirm what you need and briefly review your documents.
You receive a costs agreement
We prepare a costs agreement and disclosure statement setting out the scope and our fees.
We start work
Once you accept, we get going and keep you updated.
Buying a house and land package?
We can look after both sides of your purchase. Our conveyancing lawyers handle the contract for the land and settlement, and our building lawyers review the building contract. Send us an online enquiry or call (03) 9629 2211.
Related practice areas
Buying or selling property, including house and land packages, contract review and settlement.
Defects, levies and disputes in apartment and townhouse developments.
Court representation and dispute resolution at VCAT and the Victorian courts.
Debt collection and insolvency
Recovering money owed, and acting for creditors, directors or liquidators.
Contracts, structures and disputes for builders and other business owners.
Frequently asked questions
Do I need a lawyer to review my building contract?
You are not required to, but it is strongly recommended. Standard HIA and MBAV contracts contain numerous schedules and special conditions, often in the builder’s favour, and the builder completes the particulars. Having the contract reviewed before you sign can prevent costly disputes later.
How are building disputes resolved in Victoria?
Most domestic building disputes go first to the Building and Plumbing Commission (BPC) dispute resolution service, formerly DBDRV. The BPC assesses the dispute and, if it is suitable, runs a conciliation. If the dispute is not resolved, the BPC can issue binding dispute resolution orders or a certificate, and the matter can then proceed to VCAT and, if necessary, the courts. Disputes about commercial work, or about payment under the Security of Payment Act, can follow different paths.
Do you act for both builders and owners?
Yes. We act for builders, contractors, home owners and investors, drawing on first-hand industry experience to advise whichever side of a building matter you are on.
What is the DBDRV or Building and Plumbing Commission?
The Building and Plumbing Commission (BPC) is Victoria’s building and plumbing regulator. It was established on 1 July 2025 and brought together the Victorian Building Authority, Domestic Building Dispute Resolution Victoria (DBDRV) and the domestic building insurance function of the Victorian Managed Insurance Authority. DBDRV’s dispute resolution service is now run by the BPC, which assesses domestic building disputes and runs conciliation aimed at resolving them by agreement.
Is there a time limit to claim for defective building work?
Yes. In Victoria, a building action generally cannot be brought more than 10 years after the occupancy permit for the building work was issued, or after the certificate of final inspection if no occupancy permit was issued. Other time limits can apply in some situations, and the date these limits run from is not always obvious. If you think something is wrong with your build, get advice sooner rather than later so you do not lose the right to claim.
Can I use the Security of Payment Act to get paid?
If your work is commercial or subcontract work, often yes. The Building and Construction Industry Security of Payment Act 2002 (Vic) lets you claim progress payments through adjudication, which is usually faster than court. The Act does not apply to a domestic building contract between a builder and a building owner, unless the owner is in the business of building residences. We will confirm whether it applies to your contract and, if not, the best alternative for recovering what you are owed.
Can the BPC make my builder fix defects after I have moved in?
Possibly. Since 1 July 2026 the BPC has had the power to issue rectification orders for defective, non-compliant or incomplete domestic building work, including after the owner has moved in, for up to 10 years after practical completion. The BPC decides whether an order is appropriate in each case, so it is worth getting advice on how it applies to your situation.
This is general information, not legal advice. Every building project is different, so get in touch about yours.
Tell us what is happening on your building project
Send an online enquiry or call (03) 9629 2211, and our Melbourne building and construction lawyers will come back to you about next steps.