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
NSW: Home Building Act 1989 imposes statutory warranties on residential building work, with disputes going to NCAT or NSW Fair Trading. VIC: Domestic Building Contracts Act 1995 plus Building Act 1993, with VCAT for disputes. QLD: Queensland Building and Construction Commission Act 1991 and the QBCC dispute resolution process. WA: Home Building Contracts Act 1991 and Building Services (Complaint Resolution and Administration) Act 2011, with the Building Services Board and SAT. SA: Building Work Contractors Act 1995 with SACAT. ACT: Building Act 2004 with ACAT. TAS: Residential Building Work Contracts and Dispute Resolution Act 2016 with RMPAT. NT: 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).
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 NSW).
- “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 $79, 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. A building lawyer would charge $500–$1,200 for the same letter.
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.