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What to do if your builder refuses your building inspection report

Thursday, October 26, 2023

New Home Inspector Blog/Non-Compliant Works/What to do if your builder refuses your building inspection report

In the intricate world of new home construction, one common challenge faced by homeowners is ensuring that their builder acknowledges and takes action on the findings of a building inspection report, even when initial resistance is encountered. In this discussion we delve into effective strategies and approaches to navigate this critical aspect of the home construction process.

If your builder refuses to address defects identified in your inspection report, you can take the following steps:

1. Review Your Contract: Carefully examine your building contract to understand the terms and conditions related to dispute resolution. Ensure you're aware of your rights and obligations.

2. Contact Your Builder: Reach out to your builder, providing a clear and detailed explanation of the issues you want rectified and reference your inspection report for context. It's often helpful to communicate your concerns in writing, such as through email, to maintain a record of the correspondence.

3. Engage a Mediation Service: In many cases, disputes with builders can be resolved through mediation. The Domestic Building Dispute Resolution Victoria (DBDRV) is a government service that can assist with mediation between homeowners and builders. You can contact DBDRV to initiate the mediation process.

4. Prepare Documentation: Before mediation, gather all relevant documents, including the inspection report, communication with the builder, and any other evidence that supports your case. You must be well-prepared to present your concerns during mediation.

5. Mediation Process: During mediation, a neutral mediator from DBDRV will facilitate discussions between you and the builder. The mediator's role is to help both parties reach an agreement. They may offer suggestions and recommendations to resolve the dispute.

6. Agreement and Resolution: If an agreement is reached during mediation, ensure it is in writing and includes a timeline for defect rectification. Both parties should sign the agreement, making it legally binding.

7. Adjudication or Legal Action: If mediation fails to produce an agreement, you may consider other options, such as adjudication or legal action. Consult with a legal expert to determine the best course of action in your specific situation.

​It's essential to keep lines of communication open and approach the situation with a willingness to resolve the issues amicably. The mediation process through DBDRV is a valuable resource for addressing disputes with builders, providing an impartial platform to help reach a resolution. For more information, follow this link: https://www.dbdrv.vic.gov.au/dispute-resolution-process

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Hi, I Am Emily Clarke

NHI Customer Support Manager

With a lifelong journey in the residential construction industry, Emily's career began as a sales representative where her passion for assisting people found its roots. Today, she brings her wealth of knowledge and dedication to ensuring your Start-to-Finish Home Inspection Program experience is as smooth and supported as possible.

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