VCAT Builder and Contractor Disputes: Responding to a Defective or Incomplete Work Claim

Which VCAT List Handles Your Dispute?

The first question to answer when you receive VCAT papers about building or trade work is which list the claim has been lodged in. This determines the procedure you follow, the forms you use, and whether mandatory conciliation applies before the hearing.

Civil Claims List (Goods and Services): Covers disputes about goods supplied, minor trade services, appliance repairs, landscaping, fencing and similar non-structural work. If a plumber charged you for a tap installation that leaks, or a furniture maker delivered a table that does not match the order, this is typically a goods and services matter.

Building and Property List: Covers domestic building work — renovations, structural alterations, extensions, new builds and related construction disputes. These matters usually require referral to Domestic Building Dispute Resolution Victoria (DBDRV) before a VCAT application can be made; an application for an injunction is an exception.

The distinction matters because the procedural rules differ significantly. If a builder has lodged a claim against you in the Civil Claims List for a dispute that actually involves domestic building work, you may have grounds to argue the claim is in the wrong list and should be transferred. Conversely, if a minor trade dispute has been filed in the Building and Property List, it may be redirected to the Civil Claims List.

Check the Notice of Application carefully — it will state which list the case has been assigned to.

Responding to a Tradesperson or Contractor Claim in the Civil Claims List

If a contractor, tradesperson or service provider has sued you in the Civil Claims List — typically for unpaid invoices — your response follows the standard goods and services procedure:

1. Verify service. Confirm the VCAT papers are authentic by checking the reference number with VCAT Registry on 1300 01 8228.
2. Note your deadlines. Your Directions Order or Notice of Hearing sets the dates by which you must file your Points of Defence and exchange evidence.
3. File Points of Defence addressing each of the applicant's allegations paragraph by paragraph: admit, deny, or state you have no knowledge and require proof.
4. Gather evidence. Collect the contract or quote, all invoices, photos of the work (especially defects or incomplete portions), text messages and emails, and any independent quotes for rectification from other tradespeople.

Building Your Defence Against a Contractor's Claim

Most contractor disputes in the Civil Claims List fall into a few common patterns:

The contractor says you owe money; you say the work was defective. This is a defence, not a counterclaim. In your Points of Defence, deny that the full amount is owed and set out specifically what was defective — cracks, leaks, finish that does not match the specification, parts not fitted. Photographs taken before you touched anything are your strongest evidence. Independent quotes from another tradesperson showing the cost to fix the defective work help quantify your position.

The contractor says you owe money; you say the work was never finished. Again, this is a defence. Detail exactly what was left incomplete by reference to the original quote or contract. If the contract specified ten items and only seven were delivered, list the three missing items with evidence.

You want compensation beyond just reducing what you owe. If fixing the contractor's defective work cost you more than what they are claiming, you are not just defending — you are making a claim of your own. That requires a formal counterclaim, which is a separate application through myVCAT with its own filing fee.

Evidence That Matters in Trade Disputes

For building and trade disputes, the Tribunal Member is looking for specifics, not generalities. "The work was terrible" is an opinion. "The grout lines are cracked in 14 of the 30 tiles, as shown in photographs taken on 15 March 2026" is evidence.

Useful evidence includes:

• The original written quote or contract specifying what work was agreed
• Progress photos taken during the work, if available
• Photos of defects or incomplete work taken before any rectification
• Written complaints sent to the contractor (emails, texts)
• The contractor's responses to those complaints
• Independent quotes from other tradespeople to fix or complete the work
• An expert inspection report if the defect is technical (electrical, plumbing, structural)

The need for expert evidence depends on the technical issues, not the claim amount. For a technical defect, a report from a qualified tradesperson can help the Member assess the evidence; follow any directions VCAT gives about expert reports.

Australian Consumer Law Protections

If you acquired the work as a consumer from a business, Australian Consumer Law consumer guarantees can apply. Services must be provided with due care and skill, be fit for a disclosed purpose, and be completed within a reasonable time. If the contractor breached a guarantee that applies, set out that breach as part of your defence; contract terms cannot exclude an applicable guarantee.

For a deeper look at how ACL applies to VCAT disputes, see our post on Australian Consumer Law claims at VCAT.

For the full procedure of responding to any VCAT civil claim, see our step-by-step guide.

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