Residential building dispute preparation checklist
NSW residential building disputes are heard in NCAT under the Home Building Act 1989. Claims are subject to statutory warranties and time limits. This checklist is for lawyers preparing an owner or builder dispute.
This is a 12-step checklist for preparing a NSW residential building dispute. It covers limitation, defect identification, evidence, and NCAT procedure.
The checklist
Identify the contract
Identify whether there is a written residential building contract and obtain a copy.
Check licensing
Confirm the builder was licensed at the relevant time.
Identify statutory warranties
Identify applicable statutory warranties under section 18B.
Check limitation period
Confirm the 6 year (major defects) or 2 year (other) limitation period under section 18E.
Document defects
Document each defect with photographs, measurements, and expert commentary.
Engage building expert
Engage a qualified building consultant to prepare a Scott Schedule and expert report.
Quantify rectification cost
Obtain independent rectification quotes to support the quantum claimed.
Serve rectification notice
Serve a notice to rectify on the builder and allow a reasonable opportunity to remedy.
Check HBCF cover
Check Home Building Compensation Fund cover for abandonment or insolvency.
Prepare NCAT application
Prepare the NCAT building dispute application with particulars and orders sought.
File evidence
File the expert report, rectification quotes, and witness statements with NCAT.
Attend directions
Attend the first directions hearing and comply with NCAT procedural orders.
When this checklist applies
Use when preparing a NSW residential building dispute for NCAT.
Common pitfalls
- Missing the limitation period under section 18E
- Relying on general building report without expert in NCAT form
- Not serving a rectification notice before proceedings
- HBCF claim deadline missed
- Scott Schedule missing item-level rectification quotes
Run this checklist on a real matter
Quillio can prepare a Scott Schedule, draft NCAT particulars, and check limitation under the Home Building Act. See /practice-areas/construction-lawyers or start a free trial.
General guidance for NSW residential building disputes. Adapt for other states and for commercial building claims.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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