If you are in dispute with your builder, or your builder has refused to rectify defects in your new house, unit, extension or renovation, you are entitled to make a complaint with NSW Fair Trading who attempt to resolve the dispute. If the dispute is not resolved, which is generally the case, you may then make an application to NCAT so that the dispute can be determined by the Tribunal.
Unsafe balcony rails
Building disputes can be over defects in a new house or unit, alterations, extensions, first floor additions, new bathrooms, kitchens or laundries, driveways, payments, over payments, non payments or any number of other things.
Defective floor tiles
After an application is made to NCAT, NCAT will normally make Orders for both the Applicant and Respondent to obtain an Expert Report since NCAT does not attend the property but relies on the documents that are submitted by each party.
Non compliant supports
NCAT will make Direction Orders which is a timetable for the submission of documents that each party intends to rely on. Your arguments to NCAT are two pronged – your Expert Report, and Evidence. We are experts in NCAT and provide clear and concise expert reports that include multiple photos and references to the Building Code and Australian Standards. Evidence is a document that you prepare stating what happened on site, what was said on site, and what was done on site. Apart from your Expert Report, other important documents that will help your case is a Scott Schedule, Chronology of Events, invoices, emails and texts.
Exterior brickwork not cleaned
NCAT may require both the owner and the builder to provide an Expert Report and Evidence. NCAT may make Orders for a Conclave of Experts which requires the expert for the Applicant and the expert for the Respondent to meet at the property to narrow the issues and provide a Joint Report.
Non compliant air conditioning
The Hearing is normally attended by the owner, the builder and both experts. At the Hearing you and your expert will have the opportunity to present your reasons why you are correct. You and your expert may be cross examined by the other side or by the Tribunal to clarify your position.
Incomplete wall framing
NCAT will consider the evidence that has been provided by both parties in the dispute and make work orders, a monetary order, or dismiss the claim. A work order is an order for the builder to perform certain work. A monetary order is an order for one party to pay the other party a certain amount of money, usually within a short period of time, say 14 days. NCAT may also dismiss the claim.
Non compliant downpipe
If you are dissatisfied with the Orders made by NCAT you can appeal. An Appeal is only permitted on points of law. This means that you believe that the Tribunal has made an error in law regarding its decision. No new evidence is normally permitted to be heard at an Appeal.
Mould
We are experts in NCAT. If you are in dispute with your builder, call us for a quote for an on site inspection and an Expert Report.
Concrete slab certification
