Building and Construction
Whatever the size of your building contract or dispute, our team is here to guide you with prompt and practical advice.
Get in touchBuilding and Construction
Whatever the size of your building contract or dispute, our team is here to guide you with prompt and practical advice.
Get in touchBuilding and Construction
Whatever the size of your building contract or dispute, our team is here to guide you with prompt and practical advice.
Get in touchBuilding and Construction
Building and Construction Services
Kell Moore provides comprehensive knowledge of all legal issues relating to building and construction law.
We advise in all areas of the building industry and represent builders, property developers, contractors and sub-contractors.
Talk to us about —
- contracts
- litigation
- security of payment legislation
We support dispute resolution as a valued alternative to litigation, and we can advise you on the most appropriate options available.
How we help you
Our experienced team of lawyers and conveyancers will:
Contract and Project Support
- Draft, review, and negotiate building and construction contracts
- Advise on project risks, compliance, and obligations under contract terms
- Assist with security of payment claims and compliance with legislation
- Provide clear advice to help you prevent disputes before they arise
Dispute Management and Resolution
- Represent builders, developers, contractors, and sub-contractors in construction disputes
- Act in matters involving delays, defects, or non-payment
- Support mediation and negotiation as effective alternatives to litigation
- If required, represent you in court or tribunal proceedings
Strategic Guidance
- Offer practical and commercial advice based on deep industry experience
- Help you navigate contract enforcement, project variations, and performance disputes
- Develop strategies to manage risks and maintain business relationships
- Ensure all advice aligns with your commercial and project goals
What we can help with
Talk to us about issues relating to:
- Construction contracts and agreements
- Security of payment and debt recovery
- Building defects and project delays
- Contractor and subcontractor disputes
- Dispute resolution and mediation
- Construction litigation and enforcement
- Compliance with building and safety regulations
Why Choose Kell Moore for Building and Construction
Local Expertise
Experienced Team
Plain English Advice
Comprehensive Service
Competitive Pricing
Three Offices
Frequently Asked Questions
The primary legislation is the Building Act 1993 (Vic) and the Building Regulations 2018 (Vic). Domestic building contracts are regulated by the Domestic Building Contracts Act 1995 (Vic), which sets out consumer rights, mandatory contract terms, deposit limits, and dispute-resolution pathways through Domestic Building Dispute Resolution Victoria (DBDRV).
Residential building work in NSW is governed primarily by the Home Building Act 1989 (NSW) and the Home Building Regulation 2014 (NSW). These laws regulate licensing of builders and tradespeople, warranties, insurance requirements, and mandatory contract terms.
Yes, both states require home warranty insurance but the rules differ. In Victoria, Domestic Building Insurance applies to residential work over 16000 and covers the owner if the builder dies, disappears, or becomes insolvent. In NSW, HBCF insurance applies to work over 20000 and covers the owner if the builder dies, disappears, becomes insolvent, or fails to comply with a tribunal order.
Both Victoria and NSW impose statutory warranties on builders. In Victoria, the warranties last six years for structural defects and two years for non structural defects under the Domestic Building Contracts Act. In NSW, the period is six years for major defects and two years for all other defects under the Home Building Act.
In Victoria, parties usually need to try resolving the issue through Domestic Building Dispute Resolution Victoria before applying to VCAT. In NSW, most residential building disputes are handled by NCAT through its Consumer and Commercial Division.
Generally yes, but only to the extent needed to cover the cost of rectifying defects. Both states require that disputes be handled in good faith and according to contract terms. Withholding excessive payment can put the homeowner in breach. You should seek legal advice before withholding payment to ensure you have sufficient grounds to support the decision.
In Victoria, builders must be registered with the Victorian Building Authority for domestic building work over 10000. In NSW, most residential building work over 5000 requires a licence from NSW Fair Trading.
No. In Victoria and NSW, variations must be in writing, signed by both parties except in limited emergency cases, and must set out the change in scope, cost, and time. A homeowner cannot be charged for a variation they did not approve. Legal advice is recommended before agreeing to any change in contract terms.
Building and Construction staff
Experienced professionals ready to help with your transaction
Matthew Rogers
Director
Travis Johnson
Senior Lawyer
