Dispute a Builder's Variation, Overcharge or Progress Claim
Builder charging for a variation you never agreed to in writing, billing more than the contract price, or claiming a progress payment for a stage that is not finished? A formal letter that sets out your position under your state's home building law, what you will pay now and what you dispute. You approve it before it is sent.
What this document does
- Identifies the claim or invoice and sets out exactly why it is disputed.
- Applies your state's rules on written variations and progress payments, as they stand.
- States what you will pay now and what you dispute, with the figures.
- Asks for the signed variation, the pricing or the evidence the stage is complete.
- Names your state building regulator's process as the next step.
- Drafted in about 5 minutes. You approve it before it is sent.
What we'll ask you
Plain-English questions, one at a time. No legal knowledge needed — if you don't know an answer exactly, your best estimate is fine.
- What are you disputing?
- Do you live in this home, or plan to live in it once the work is done?
- Does the builder's claim call itself a payment claim under a Security of Payment Act? It is often at the top of the claim.
- Does the builder's claim call itself a payment claim under a Security of Payment Act? It is often at the top of the claim.
- Who is the builder? The business name on your contract, plus their licence or registration number if you have it.
- Tell me what happened: what was agreed with the builder, and what was said about the extra charge or claim.
- About the contract: the property address, the date you signed it and the contract price.
- What kind of contract is it?
- If you know the progress payment stages, what are they?optional
- Which claim or invoice are you disputing? The number, date, amount, and what it says it is for.
- Did you agree to the variation or extra charge in writing?
- Please describe what you signed and when. Keep a copy: you will need it.
- For the progress claim: what work is finished, and what is still missing from that stage?
- How much will you pay now, the part you do not dispute? Enter 0 if nothing.
- When will you pay that amount?optional
- How much of the claim do you dispute?
- Have you raised this with the builder already? When, how, and what did they say?optional
- Do you have the builder's email? Once you approve the letter we can send it straight to them.optional
- You approve it before it is sent
- 2 free amendments included
- All Australian states and territories
- Stripe secured · 256-bit encrypted
Your builder dispute: the regulator and tribunal in your state
Each state and territory has its own home building law and building regulator. We only ever name the regulator and the tribunal or court for your state.
New South Wales
Legislation: Home Building Act 1989 (NSW). Section 18B(1) implies into every contract to do residential building work warranties that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract (s 18B(1)(a)).
Building regulator: Building Commission NSW
Tribunal: NSW Civil and Administrative Tribunal (NCAT), home building (after the Building Commission NSW step)
Victoria
Legislation: Domestic Building Contracts Act 1995 (Vic). Section 8 makes part of every domestic building contract warranties that the work will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract (s 8(a)).
Building regulator: Building and Plumbing Commission (dispute resolution service)
Tribunal: VCAT, with a certificate of conciliation (s 56, Domestic Building Contracts Act 1995)
Queensland
Legislation: Queensland Building and Construction Commission Act 1991 (Qld), Schedule 1B. The warranties in Schedule 1B, Part 3, Division 2 are part of every regulated contract (Sch 1B s 19).
Building regulator: Queensland Building and Construction Commission (QBCC)
Tribunal: QCAT, domestic building dispute (after the QBCC process)
Western Australia
Legislation: Home Building Contracts Act 1991 (WA), which applies to contracts for home building work valued between $7,500 and $500,000, and the Building Services (Complaint Resolution and Administration) Act 2011 (WA).
Building regulator: Building Commissioner, Building and Energy (after a Notice of proposed complaint)
Tribunal: State Administrative Tribunal (SAT), on referral from the Building Commissioner or review of an order
Money claims: Magistrates Court of Western Australia, when the Commissioner or SAT is not dealing with it
South Australia
Legislation: Building Work Contractors Act 1995 (SA). Section 32(2) implies into every domestic building work contract warranties that the work will be performed in a proper manner to accepted trade standards and in accordance with the plans and specifications agreed by the parties (s 32(2)(a)).
Building regulator: Consumer and Business Services (CBS), building disputes
Money claims: Magistrates Court of South Australia
Tasmania
Legislation: Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas). Regulator and dispute step: the Director of Building Control, part of Building Standards Tasmania (within the Department of Justice).
Building regulator: Director of Building Control (Building Standards Tasmania), notice of dispute and mediation
Tribunal: TASCAT, Civil and Consumer stream (after the notice of dispute; contracts of $20,000 or more)
Money claims: Magistrates Court of Tasmania (Civil Division)
Australian Capital Territory
Legislation: Building Act 2004 (ACT).
Building regulator: Access Canberra
Tribunal: ACT Civil and Administrative Tribunal (ACAT)
Northern Territory
Legislation: Building Act 1993 (NT). Section 54B(1) sets consumer guarantees for prescribed residential building work (for example a new home, a unit in a complex of up to three storeys, or a renovation or extension that increases floor area above the threshold).
Building disputes: NT Consumer Affairs; Commissioner of Residential Building Disputes (fidelity fund work)
Tribunal or court: NTCAT up to $25,000; Local Court up to $250,000
From your answers to a finished Variation Dispute in three steps
Answer 18 quick questions
Who it’s about, what happened and what you want. Plain English, one question at a time.
We draft it for your state
Your Dispute a Builder's Variation, Overcharge or Progress Claim is drafted to the legislation, regulator and tribunal for your state or territory, then formatted as a professional PDF. Usually ready within about five minutes.
Review, approve, sent
The draft lands in your dashboard for you to check. Nothing goes to the other party until you approve it — then we email it on your behalf and record the delivery. Two free amendments included.
Ready? Start now.
No card required until the end. No account needed to start.
Start My Variation Dispute — $49 →$49 flat fee · You approve it before it is sent · edit it yourself any time, plus 2 redrafts
Everything about the Dispute a Builder's Variation, Overcharge or Progress Claim
How much does the Variation Dispute cost?
A flat $49 AUD, including GST. There is no card required to start, no subscription and no hourly rate — you see the full summary of your answers before you pay.
How long does it take?
There are 18 questions, which take a few minutes to answer. You see a full summary of your answers before you pay; your document is drafted once your payment is confirmed.
Is it sent automatically, or do I see it first?
You see it first. The draft lands in your dashboard for review; nothing goes to the other party until you approve it. Once you approve, we email it on your behalf and record the delivery.
What if I need changes?
You read the full Variation Dispute on your dashboard before anything is sent. You can change the wording yourself or ask for a redraft, with unlimited edits and 2 redrafts included.
Does it work in my state?
Yes. The Dispute a Builder's Variation, Overcharge or Progress Claim is drafted to the law of the state or territory the matter is in — NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT — citing the right Act, regulator and tribunal or court for that state.
Do variations have to be in writing?
In New South Wales, Victoria, Queensland and Western Australia the home building laws require variations to be in writing, and in New South Wales and Victoria signed. The letter cites the rule for your state as it stands.
Does the letter refuse to pay the builder?
No. It says what you will pay now and what you dispute, and asks the builder to withdraw or amend the disputed part or to provide the documents that support it.
Read up before you send
Other building & property documents
Put it in writing today.
A few quick questions and your Dispute a Builder's Variation, Overcharge or Progress Claim is drafted for your state. No card required until the end.
Start My Variation Dispute — $49 →