The tiles are lifting. The render is cracking. The plumbing is leaking. The deck is uneven. You paid the tradie in full and the work is plainly below standard. The tradie is dodging calls, blaming materials, or insisting it is “within tolerance”. Across Australia, building and trade work is governed by statutory warranties that are not negotiable — and the right document is the one that triggers the formal remedy process.
The legal framework in your state
New South Wales: Home Building Act 1989 imposes statutory warranties on residential building work, with disputes going to NCAT or NSW Fair Trading. Victoria: Domestic Building Contracts Act 1995 plus Building Act 1993, with VCAT for disputes. Queensland: Queensland Building and Construction Commission Act 1991 and the QBCC dispute resolution process. Western Australia: Home Building Contracts Act 1991 and Building Services (Complaint Resolution and Administration) Act 2011, with the Building Services Board and SAT. South Australia: Building Work Contractors Act 1995 with SACAT. Australian Capital Territory: Building Act 2004 with ACAT. Tasmania: Residential Building Work Contracts and Dispute Resolution Act 2016 with TASCAT. Northern Territory: Building Act 1993 with NTCAT. Layered over the top: the Australian Consumer Law guarantee that services be rendered with due care and skill (section 60).
The statutory warranties you can rely on
- Work performed in a proper and workmanlike manner with due care and skill.
- Materials supplied are good and suitable.
- Work complies with the law (Building Code of Australia, relevant Australian Standards).
- Work is reasonably fit for the specified purpose or result.
- Work is completed within the agreed time (or within a reasonable time).
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who did the work?
2. How much is at stake?
3. Do you have it in writing?
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Common tradie pushbacks and why they fail
- “That’s industry standard.” Standard is defined by the Building Code of Australia, the AS series, and the contract — not by the tradie’s preference.
- “You signed it off.” Acceptance does not waive statutory warranties, which run for years (typically 6 years for major defects, 2 years for non-major in New South Wales).
- “It’s the materials, not me.” Statutory warranty covers both workmanship and materials supplied by the contractor.
- “Out of warranty.” Statutory warranties under state legislation are far longer than any voluntary warranty.
- “Take me to court if you don’t like it.” Tribunals (NCAT, VCAT, QCAT, etc.) are designed for exactly this — small-claim, low-cost.
What the document does
A Notice to Remedy Breach puts the tradie on formal written notice of the defect, identifies the statutory warranty breached, attaches photos and any independent inspection report, demands rectification within a defined and reasonable period (typically 14–28 days), and warns of escalation to your state’s consumer body and tribunal. It is the prerequisite paper trail for any later tribunal claim — and it often gets the work fixed without escalation.
What Claim Done delivers
For a flat fee, Claim Done drafts a Notice to Remedy Breach citing the correct state Act and statutory warranty, framing the defect properly, and setting a reasonable deadline. About ten minutes.
What happens after
Many tradies return to fix the work within the deadline because the next step — a tribunal application that can also award compensation, costs, and refer them to the licensing body — carries serious consequences. If the tradie refuses, escalate to your state consumer affairs body and then your tribunal for rectification orders or compensation.
Send a Notice to Remedy Breach. Citing Australian Consumer Law.
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What happens when you put the builder on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Renovator / Carpenter Abandoned Job — Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Renovator / Carpenter Abandoned Job — Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=renovator-abandoned. Claim Done is not a law firm and does not give legal advice.
How much does a Renovator / Carpenter Abandoned Job — Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Renovator / Carpenter Abandoned Job — Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Renovator / Carpenter Abandoned Job — Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Renovator / Carpenter Abandoned Job — Demand template doesn't?
It drafts the Renovator / Carpenter Abandoned Job — Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.