Building Dispute Reports - VMIA Claims Melbourne

 1. Review your contract documents

Review your contract documents including plans and specification, identify any items of work on your property.

Maintain a record of everything in writing - emails, detail your building concerns, significant conversations (builder), and dealing with the authorities as proceed.​​​

 2. Notify your Builder 

Notify your builder in writing you intend to lodge a consumer claim with your Domestic Building Insurance (DBI) – Victorian Managed Insurance Authority.

Even though you’ve exhausted your dispute resolution process, Taking this action puts your builder on final notice prior to the authorities getting involved, it just may trigger him into a positive response.

It also confirms to your builder you are taking control of your building site.​​​

 3. Secure the site

You need to ensure there is temporary fencing protecting your site. You may be able to make an arrangement with the hire company of any temporary fencing already in place, or if required source a temporary fencing company to install for you.

If possible-practical, your new home is securely locked.

Insurance. At this point it is unlikely the builder’s ‘all risk’ insurance will still be in force at your property. Examine your insurance options to cover your property.​

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 4. Contact your RBS – Registered Building Practitioner

Your RBS is the person who issued and is executing your building permit to date, apart from informing him you’re in the process of engaging a new builder, he will advise you of the status of the permit and any outstanding items of works, ie: ‘Not Approved’ Inspection Notices

 

 5. Review in Detail your items of concern

Document as meticulously you can, each area of concern you have about the building, items you consider a contract breach, non-compliant, defective or substandard workmanship.

Recording relevant dates is important along with photographic record.

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 6. Engage an Independent Building Consultant

Contact your ConsulTec independent Building Consultant.

Working collaboratively with you we will inspect your property and compile a ‘Defects and Stage Report” also known as a ‘Building Status Report.

Your Report is an important and effective asset to you as you proceed through the claim process and will enhance your peace of mind around the ‘status of your build’ though expert analysis and recommendations

Personalised support from Consultec alleviates the mind mangle of ‘what and where to from here’ ratifying each step in the process with you to expedite your new home to completion.

 

For all stakeholders Your Building Report is Critical:

• Your Report confirms to the VMIA, all builder defects requiring rectification,

• scope of works to completion,

• Items work in breach of your contract

• All existing and / or non-compliant items of work

• It informs your new (third party) builder you re-contract with to clearly identify:

  • Confirmed defects for rectification

  • Scope of Unfinished Work

  • It also documents the existing works completed, ensuring they are not included in his (third party builder) Builders warranty

• Your Financial Institution

  • As your final build price will likely vary from the original builder’s contract price, the building report combined with the third party builders contract price forms a transparent package when dealing with your financier.

  • By accurately and comprehensively documenting the ‘Scope of Works’ enhances your prospects of gaining the competitive price for the remaining works, ie: a less than reputable builder may include cost of works for items of works already completed

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7. Submit your DBI-VMIA Claim:  
Domestic Building Insurance – Victorian Managed Insurance Authority  

Please be aware, for your claim to be accepted your Builder must be categorised by ONE of the following:  
• Has died  
• Has become insolvent (bankrupt)  
• Has disappeared  
• Ignored or failed to comply with a VCAT – Victorian Civil Administrative Tribunal order  

Examine your building documents file (or the building-permit package you should have received from your RBS) to locate your ‘DBI Warranty Insurance Certificate’.  

If you cannot locate the certificate, contact VMIA or your Building Surveyor (RBS) for assistance.  

With your Certificate, Building Reports and Building Documents, go to the DBI Portal and submit your claim through the VMIA Homeowners section.  

The process then becomes self-explanatory.
 

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 8. Engage your new builder

• This stage requires some energy if your build is only partially complete, ConsulTec has a series of assistance channels for support if you require.

• When calling for your Tenders – Quotations, it is ensure you provide the competing builders with a copy of your building report.

• Take care when you examine and compare you’re your third party builder quotes to ensure they are clear and concise about the scope of works to complete your new home.

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 9. What if my VMIA Claim is rejected?

Take you Claim / Dispute to:

• DBDRV – Domestic Building Disputes Resolution Victoria http://www.dbdrv.vic.gov.au/

• Consumer Affairs – Victoria’s Building Disputes – Defects and Delays https://www.consumer.vic.gov.au

• VCAT – Victorian Civil Administrative Tribunal. http://www.vcat.vic.gov.au/

The reader may be critical of my inclusion of VCAT down the list of options.

This is definitely not legal advice, it is only my opinion from my years in the building industry and my observations, by submitting your DBI-VMIA Claim, the regulatory authorities will apply ‘pressure to comply’ to your original builder that you have been unable achieve effectively to date. If your builder hasn’t died, disappeared or become insolvent, there remains the option for him to respond and fore fill your contract, born from his own interest to avoid his Builders Licence from being compromised.

VCAT is experiencing extensive time delays to have cases heard, Google will tell you the current wait times! And a budget is required to present a case employing Lawyers, Barristers….​​​​​​​