What can I do about defective building work?

Notify the builder in writing, keep evidence, and check home warranty insurance and the state tribunal or building commission process.

Lawyer or conveyancer?

For a straightforward residential purchase or sale, a licensed conveyancer is usually enough. Use a solicitor if the property is unusual, the contract has non-standard terms, or there is a dispute or estate involved.

When should I get the contract checked?

Before you sign or bid at auction. Once contracts are exchanged or you've bought at auction, your ability to withdraw is limited.

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What to discuss at the first meeting

Explain whether you need pre-contract review or help with defects, payment, delay or termination. Provide the full contract and variations so advice is based on the current agreement.

Ask about legal and expert costs separately and do not assume withholding payment or ending a contract is an appropriate first step.

How the engagement may progress

Provide the address, parties and current contract or notice. Explain whether anything has been signed and identify every agreed date.
Ask which terms, searches and ownership questions will be reviewed. Explain finance, proposed use and any linked transaction.
Agree who communicates with agents, lenders and the other side. Confirm how documents are approved and what happens if the matter is delayed or disputed.

Fees and the scope of work

Separate legal fees from searches, registration, taxes and third-party expenses. Complex ownership, negotiations or a dispute may fall outside an advertised conveyancing price.

Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.

Dates to raise at first contact

Seek review before signing where possible. Ask about the actual dates in your documents; cooling-off and completion arrangements differ across states and transactions.

Questions to ask a building & construction adviser

Which notice or response requires attention first?
Do you need an independent technical report?
What is included and what counts as extra work?
Have you handled this kind of transaction or dispute?
What must be decided before signing or the next scheduled date?

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A practical guide to building & construction

What to discuss at the first meeting

How the engagement may progress

Fees and the scope of work

Dates to raise at first contact

Questions to ask a building & construction adviser

Frequently asked questions

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