How to Take a Contractor to VCAT for Incomplete or Defective Work

You hired a contractor to renovate your kitchen, build a deck, or repair your roof. The work is incomplete, defective, or not to spec. The contractor has stopped responding or refuses to fix it. In Victoria, you can take them to the Victorian Civil and Administrative Tribunal (VCAT).

VCAT’s Domestic Building List handles disputes about residential building work. It is faster and cheaper than the Magistrates’ Court, and you do not need a lawyer.

When you can take a contractor to VCAT

VCAT has jurisdiction over domestic building disputes if:

• The work was done on residential premises (your home, investment property, or unit)
• The dispute relates to building work, not just a payment disagreement
• You are within the time limits (generally six years from when the cause of action accrued under the Limitation of Actions Act 1958, and under section 134 of the Building Act 1993 a building action generally cannot be brought more than 10 years after the occupancy permit was issued, or if there is none, the certificate of final inspection, with a limited exception for cladding claims)

Common disputes VCAT hears:

• Incomplete work — the contractor walked off site and will not finish
• Defective workmanship — cracked tiles, leaking showers, uneven floors, poor paintwork
• Work not to specification — materials or finishes different from the contract
• Delay damages — the contractor took far longer than agreed, causing you loss
• Non-compliant work — building work that does not meet the Building Code of Australia or relevant Australian Standards

VCAT cannot help if the contractor is unregistered and the work required registration. In that case, the contract may be void.

Step 1: Try to resolve it first

Before filing at VCAT, most domestic building disputes must first go to the Building and Plumbing Commission’s dispute resolution service, which issues a certificate of conciliation (Domestic Building Contracts Act 1995 (Vic) s 56). Send a written complaint to the contractor detailing the defects or incomplete work, give them 14-28 days to fix it, and keep records of all communication.

If the contractor is registered, lodge a complaint with the Building and Plumbing Commission (formerly the VBA). A licensing complaint does not resolve the dispute itself, but it puts the problem on record with the regulator.

A letter of demand is not mandatory before VCAT, but it is strong evidence that you tried to resolve things. Claim Done can generate and send a letter of demand by email, citing the relevant consumer protection and building contract provisions.

Step 2: Gather your evidence

VCAT requires evidence. The stronger your evidence, the better your outcome.

The contract

• Signed building contract or quote
• Scope of works
• Plans or specifications
• Any variations agreed in writing

If you do not have a written contract, gather quotes, text messages, emails, and bank statements showing what was agreed and paid.

Evidence of defects or incomplete work

• Photos and videos — date-stamped, showing the defect clearly
• Expert reports — a licensed builder’s report identifying defects and estimating rectification costs (not mandatory but very persuasive)
• Quotes for rectification — from other contractors to fix the work
• Correspondence — emails, texts, letters where you raised the issue and the contractor’s response (or lack of it)

Payment records

• Invoices, receipts, bank transfers
• Proof of what you paid versus what was delivered

Any other relevant documents

• Building permits
• Compliance certificates (or lack of them)
• Photos of the work in progress
• Diary notes of conversations

VCAT members are experienced in building disputes, but clear, organised evidence wins cases.

Step 3: File your VCAT application

You file online or by post using the Domestic Building List application form. You will need:

• VCAT application form (available at vcat.vic.gov.au)
• Filing fee — fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file
• A copy of your contract or evidence of the agreement
• A brief outline of your claim and the amount you are seeking

What to claim:

• Cost of rectifying defects (supported by quotes or expert reports)
• Cost of completing unfinished work
• Consequential losses (e.g. alternative accommodation if the defect made your home uninhabitable, or loss of rental income)
• Out-of-pocket expenses (e.g. the cost of the expert report)

Do not inflate your claim. VCAT can award costs against you if your claim is found to be unreasonable.

Step 4: VCAT compulsory conference

After you file, VCAT may schedule a compulsory conference. This is an informal meeting where a VCAT member tries to help both parties settle. It is not a hearing — no evidence is tested, and nothing you say can be used against you later.

The contractor may agree to return to site and fix the defects, pay you a sum to engage another contractor, or accept a reduced payment if they claim you still owe them money.

If you settle, VCAT will issue consent orders. These are legally binding. If the contractor breaches them, you can enforce the orders without starting a new case.

If you do not settle, the matter proceeds to a hearing.

Step 5: The VCAT hearing

If the case does not settle, VCAT will schedule a hearing. Depending on the complexity, this may be a short hearing (half a day) or a longer one.

At the hearing:

• You present your evidence (documents, photos, expert reports)
• You can call witnesses (e.g. the expert who wrote the report, or another contractor who quoted the rectification work)
• The contractor presents their case
• The VCAT member asks questions and tests the evidence

Bring multiple copies of all your evidence, indexed and paginated.

What VCAT can order

If you win, VCAT can order the contractor to:

• Pay you damages (the cost of fixing the defects)
• Complete the work (though this is rare — most contractors will not return after a tribunal order)
• Refund money paid for work not done

VCAT cannot award punitive damages or send anyone to jail. It can order costs in some circumstances.

Realistic outcomes and timeframes

Timeframes:

• VCAT publishes its current building and construction timeframes from application: about 9 weeks to a mediation, 31 weeks to a compulsory conference, 37 weeks to a small claim hearing and 53 weeks to a complex multi-day hearing
• These change as VCAT works through its backlog, so check VCAT’s website for the current figures

Settlement vs hearing:

Many VCAT domestic building cases settle at the compulsory conference. Settlement is faster, cheaper, and gives you more control over the outcome.

Enforcement:

If the contractor does not pay the VCAT order, you will need to enforce it through the Magistrates’ Court. VCAT does not enforce its own orders. Enforcement can add months and cost more money.

Costs:

Even if you win, you may not recover all of your costs, such as your filing fee, expert report costs or time off work. Factor this into your decision to proceed.

What happens if the contractor does not show up

If the contractor does not attend the compulsory conference or hearing, VCAT can proceed in their absence. You will still need to prove your case, but the contractor loses the chance to defend it.

If the contractor is a company and has been deregistered or liquidated, you may not be able to recover anything even if you win. Check the company’s status on the ASIC register before filing.

Final checklist before filing

Before you lodge your VCAT application:

• [ ] You have a written contract or clear evidence of the agreement
• [ ] You have photos, videos, or expert reports showing the defects
• [ ] You have quotes for rectification work
• [ ] You sent the contractor a written complaint and gave them a chance to fix it
• [ ] You are within the limitation period
• [ ] You have calculated your claim amount based on evidence, not emotion
• [ ] You have the VCAT filing fee ready

If you tick all those boxes, you are ready to file.

How Claim Done helps

Claim Done prepares your VCAT application based on the evidence you describe. Our Programmatic Algorithms draft your application and a witness statement for you to sign. You attach your own evidence.

You get a drafted VCAT application, written in plain, persuasive language. Flat fee, no subscription, delivered in about 5 minutes. Claim Done does not give legal advice and does not represent you at VCAT — but we give you a professional starting point so you can file with confidence.

Prepare your VCAT application documents with Claim Done and get your case moving.

Frequently Asked Questions

Do I need a lawyer to take a contractor to VCAT?

No. VCAT is designed for self-represented parties. You can present your own case, call your own witnesses, and cross-examine the contractor.

How much does it cost to file a VCAT domestic building claim?

Fees change each 1 July; check the current fee on the tribunal’s or court’s website before you file. You may also need to pay for an expert report and rectification quotes.

What if the contractor is unregistered?

If the work required registration and the contractor was not registered, the contract may be void. You cannot sue for breach of contract, but you may be able to claim in unjust enrichment or negligence.

Can VCAT force the contractor to come back and fix the defects?

VCAT can order specific performance (requiring the contractor to complete or rectify the work), but this is rare. Most orders are for monetary damages — the cost of engaging another contractor to fix the defects. Contractors rarely return after a tribunal order.

What happens if the contractor does not pay the VCAT order?

You will need to enforce the order through the Magistrates’ Court. This involves applying for a warrant to seize property or garnish wages. Enforcement can take several months and may not be successful if the contractor has no assets.