Preventing and handling disputes | Queensland Building and Construction Commission

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Most building disputes that the QBCC receive are about defective building work. However, contractual issues, poor communication or poor documentation can also lead to building disputes.

Disputes can cause inconvenience, stress and financial burden for home owners and contractors, so it is in everyone's interest to avoid them if possible.

Why do disputes happen?

They can happen for different reasons:

  • the home owner may be genuinely unhappy with finishes that meet the minimum industry standards, e.g. acceptable imperfections in finished work
  • contractors may consider that completed work is adequate even though it may not meet minimum industry standards
  • the home owner's expectations about the finished result may not be set at the right level
  • poor communication and personal pride can be a barrier to achieving quick and practical solutions to disputes.

Tips for preventing disputes

Here are some tips to help contractors and home owners avoid building disputes.

  • Draw up pre-engagement agreements that clearly state the home owner's purpose. Also, define the contractor's scope of work or limits.
  • Show samples of finished work, such as display homes, so the home owner knows what to expect for their own project.
  • Discuss manufacturer's recommendations to clarify industry standards and owner maintenance responsibilities.
  • Consult with industry associations that can recommend efficient approaches to achieve acceptable standards.
  • Understand the rights and responsibilities of all parties detailed in the contract.
  • Communicate with the home owner frequently. Scheduling regular meetings and establishing times to talk through issues as they arise will help you work through most disagreements.
  • Check the contract and make sure any variations are signed by you and the home owner (and keep copies on file).
  • Understand the rights and responsibilities of all parties detailed in the contract.
  • Communication is key to a successful project. Having regular meetings and establishing times to talk through issues as they arise will help you work through most disagreements. Adhere to these times or any methods of communications agreed to maintain positive boundaries.
  • Understand the building process and practices. One of the biggest issues contractors have with their customers is the lack of understanding of the sequence of events when building. Ask your contractor about the flow of activities and what's done at each stage. If you increase your knowledge, you can avoid unrealistic expectations, and you'll have a better appreciation of the expertise needed to complete your home.
  • Ensure your contractor, trade contractor, or building designer has a current QBCC licence. You can check their licence record on our website.
  • Choose your contractor, trade contractor or building designer using recommendations of past customers.
  • Check your contract clearly states the schedule of work, total price and payment details.
  • Make sure the contractor gives you a copy of the Consumer building guide (PDF, 73KB) before signing the contract. Providing this guide, produced by the QBCC, is a mandatory requirement for all building work contracts over $20,000.
  • Check the contract and make sure any variations are signed by you and your contractor (and keep copies on file).
  • Pay attention to the details and keep accurate records. Incomplete or incorrect information on your documents can cause frustration for you and your contractor. Taking the time to record changes and include all the relevant details will help to keep everyone on the same page.

Tips for handling complaints

Here are some tips to help contractors and home owners to work through complaints and disagreements.

  • Deal with the complaint immediately. Get to the heart of the matter quickly, and you're more likely to satisfy the customer.
  • Stay calm. The customer must be dissatisfied for some reason, even if you think they are wrong. The matter will only get worse if you respond aggressively.
  • Identify the problem. Listen to what the customer says and make sure you understand. Ask what they expect you to do, and write it down in as much detail as possible.
  • Decide what can be done. Even if you believe the complaint is unjustified, it may be worthwhile trying to make the customer happy to keep their business. All it may require is a simple explanation. Sometimes it is worth walking the extra mile and doing more than you feel you need to or are obliged to for the customer.
  • Arrange a second opinion to confirm your view. In some instances, this second opinion may show up things you hadn't noticed.
  • Keep records. Writing everything down reduces the chance of misunderstanding. Many contractual disputes arise because nothing is in writing or the details are unclear.
  • Fix the problem. Tell the customer what solution you can offer and make sure they understand. If they accept the solution, act straight away and resolve the matter quickly and efficiently.
  • Make sure you know what is and isn't included in your contract.
  • Communicate with your contractor. If you have a complaint, let them know straight away. The issues may become more complicated and costly to resolve if you wait.
  • Be open to solutions your contractor provides to resolve the complaint.
  • If you agree on a solution with your contractor, give them sufficient time to complete what is needed. Constant calling and checking can be distracting and will likely slow their progress.
  • Keep records. Writing everything down reduces the chance of misunderstanding. Many contractual disputes arise because nothing is in writing or the details are unclear.
Last reviewed: 30 Aug 2021 Last published: 30 Aug 2021
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