Renovating or building a home is a major investment – not just financially, but emotionally. So when a builder suddenly stops showing up, fails to respond to calls, or disappears altogether, it can be stressful and overwhelming. If you’re in this situation, you’re not alone; it happens, and has happened to, many more people than you think. Here’s what you can do next to protect yourself and potentially get your project back on track.
Don’t Panic – Gather Information
Before jumping to conclusions, try to determine if the builder has truly abandoned the project. Builders sometimes pause work due to weather delays, material shortages, or scheduling conflicts. Check:
- Has there been any communication from the builder or site supervisor?
- Are materials or tools still on site?
- Have any sub-contractors been paid or scheduled?
- What does your building contract say about timelines, delays, and notice requirements?
Check the Contract
Your building contract is your first port of call. Most domestic building contracts in Australia (like those provided by the HIA or Master Builders) will outline:
- Timeframes for the builder to carry out and complete works
- Permissible delays (e.g. due to weather or variations)
- Procedures for issuing notices, suspending works, or terminating the contract
If the builder is in breach of the contract (e.g. by failing to progress the work without cause), you may have rights to issue a formal notice or even terminate the contract, depending on the severity and circumstances.
Attempt Communication
Try to contact your builder in writing – email or text is ideal, as it provides a written record. Ask for:
- An explanation for the delay or absence
- A proposed timeline for resumption of works
- Confirmation that they intend to continue with the project
Be professional and keep the tone neutral, as aggressive emails may be used against you later.
Send a Formal Notice or Letter of Demand
If the builder fails to respond or their explanation is unsatisfactory, you may be entitled to send a Notice to Remedy Breach.
A notice to remedy breach in Victoria is a formal notification issued to a party, typically a builder, indicating that they are in breach of a contractual obligation and requiring them to rectify the breach within a specified period. This notice must clearly specify the nature of the breach and what actions are required to remedy it.
This step is usually required before you can lawfully terminate the contract — skipping it can lead to complications later.
Additionally, you may send a letter of demand too, requesting for the builder to resume and complete the contracted work, or repay money for the unfinished work.
Document Everything
Throughout the process, keep a detailed record of:
- Photos of the site and any incomplete works
- All emails, texts, or call logs with the builder
- Any payments made to date
- Copies of invoices and contract variations
These records will be crucial if you need to escalate the matter legally or claim compensation.
Seek Legal Advice
Before terminating the contract, it’s vital to seek legal advice. Wrongfully terminating a building contract can expose you to liability. A lawyer experienced in construction law can review your situation and help you:
- Issue a proper breach notice
- Terminate the contract lawfully (if needed)
- Recover damages or losses through VCAT or the courts
Contact Domestic Building Dispute Resolution Victoria (DBDRV)
In Victoria, many building disputes must go through DBDRV before court or tribunal action (such as VCAT). It is a free government service that helps owners and builders resolve conflicts through conciliation, but you must show that you have tried to resolve the issue directly with the builder first.
Make an Insurance Claim
If your builder is no longer operating, has died, or gone bankrupt, you may be eligible to make a claim under Domestic Building Insurance (also known as builder’s warranty insurance). This insurance is mandatory for residential works over $16,000 in Victoria and may cover:
- Incomplete works
- Defective work
- Costs to finish the project with another builder
Check your insurance certificate (usually provided when the contract was signed) and contact the insurer to begin the claim process.
Having your builder leave mid-project is frustrating — but you have options. Stay calm, understand your legal rights, and take a structured approach. With the right steps (and often with legal help), you can move forward and eventually get your build completed, even if it’s not with the original builder.
Need help reviewing your contract or taking the next step? It’s worth speaking to a construction lawyer or dispute resolution expert who can guide you through the process and protect your interests. Please get in touch with Warlows Legal today for more assistance, using the contact information below.
