ACAT Building Defect Dispute — Responding to a Contractor or Homeowner Claim

Building disputes are among the most common — and most evidence-heavy — civil matters at ACAT. A contractor sues for unpaid invoices. A homeowner counterclaims for defective workmanship. Both sides have photographs, quotes, and strong opinions. The tribunal can hear these claims up to the $25,000 jurisdictional cap, and the outcome almost always turns on how well the evidence is organised.

The Typical Scenario

A builder or trade contractor files an ACAT civil dispute application seeking payment for completed work. The homeowner (now the respondent) believes the work is defective, incomplete, or does not match the agreed scope. The homeowner must file Form AF2021-29 within 21 calendar days of receiving the application, setting out their grounds for disputing the claim — and, often, filing a counterclaim in Section C for the cost of rectifying the defects.

The same structure works in reverse: a homeowner may have sued a builder, and the builder is served as the respondent.

Why Scott Schedules Matter

If ACAT directs the use of a Scott Schedule in a building defect matter, it is a table where each row lists a single defect, each party's position, and the estimated cost to rectify. It helps both sides address each alleged defect individually rather than arguing about a lump-sum figure.

If the tribunal directs one, follow the template and deadline in its directions. Fill it in methodically:

• List every defect the applicant has raised
• For each defect, state whether you admit it, deny it, or propose an alternative explanation
• Attach a rectification cost estimate (from an independent quote if possible)
• Cross-reference the photographic evidence in your hearing bundle to each row

Evidence That Wins Building Disputes

The party with better-organised evidence has a significant advantage. For a building defect response, prepare:

• Photographs. Before-and-after images of the work, dated and labelled. Print in colour where the defect is visual (paint, cracks, water damage).
• Independent inspection reports. A written assessment from a licensed building inspector who is not involved in the dispute carries far more weight than your own opinion.
• Communication records. Emails, text messages, and letters between you and the other party — especially anything confirming the agreed scope, price, or timeline.
• Contracts and invoices. The original agreement (even if verbal — document what you remember), any variations, and all invoices issued or paid.
• Quotes for rectification. If you are counterclaiming the cost of fixing defective work, get at least one written quote from another licensed tradesperson.

The Counterclaim Fee

If your rectification costs or damages warrant a counterclaim, the fee depends on the amount: $93 for claims up to $3,000, $195 for $3,001 to $15,000, and $707 for $15,001 to $25,000 (individual rates). Concession card holders are exempt.

What ACAT Cannot Do

ACAT's civil dispute stream handles contractual and tortious claims. Fence disputes are governed separately under the Common Boundaries Act 1981. Commercial lease disputes are excluded from ACAT's civil jurisdiction and belong in the ACT Magistrates Court.

The ACT ACAT Response Guide includes a Scott Schedule worksheet and an evidence index template designed for building dispute respondents.

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