Ineligible disputes

If your dispute is ineligible for our service, you may seek further advice from the Building Information Line on 1300 55 75 59 between 9am and 5pm, Monday to Friday (except public holidays) prior to applying directly to VCAT.

In certain circumstances, depending on the nature of your dispute, other agencies may be able to help you.

Examples of dispute scenarios

The following scenarios can provide guidance to help you work out whether your matter is eligible for our service:

Incomplete work by the builder

Scenario 1 - ineligible

The painter Kelly hired to repaint her home failed to finish one of the rooms and now refuses to come back to complete the work.

Kelly is ineligible to use our dispute resolution service because her dispute involves only one specific type of building work outlined in the legislation – painting. She may receive further advice from the Building Information Line prior to taking the dispute directly to VCAT.

Scenario 2 - eligible

Chris and Tina hired a building company to build an extension to their house but are unhappy as all their taps are leaking slightly. The building company keeps promising to send someone out to fix the leaks, but nothing ever happens.

Chris and Tina are eligible to apply to use our dispute resolution service.

Although their dispute is in relation to one specific type of building work outlined in the legislation – plumbing – it was undertaken as part of a contract covering additional building work.

Non-payment by the owner

Scenario 3 - eligible

John runs a small building company that specialises in renovating bathrooms. They have completed the tiling work and plumbing for a client, but the client is refusing to pay them for their work.

John is eligible to apply for our dispute resolution service because his dispute is in relation to 2 – not 1 – specific types of building work outlined in the legislation – tiling and plumbing.

Scenario 4 - ineligible

Dylan has been hired to put in new carpets in a terrace which is being renovated. The owners have hired different builders and tradespeople for specific jobs. He has already completed more than half the work but the owners keep delaying payments. Dylan has stopped work and wants to receive payment for the work that has already been done, before continuing.

Dylan is ineligible to use our dispute resolution service because his dispute is in relation to only one specific type of building work outlined in the legislation – installing floor coverings – on a separate contract, not involving additional building work. He may take the dispute directly to VCAT. See the Building and construction disputes section of the VCAT website.