Construction projects—especially larger builds—can involve delays, workmanship issues, scope disagreements, or payment disputes. When matters can’t be resolved directly, parties may need to lodge a construction claim/complaint with the relevant state building authority in the state where the work occurred (for example, the Victorian Building Authority in Victoria, or the NSW Building Commissioner in NSW).

Role of the State Building Authority

State building authorities oversee building standards and help manage construction-related disputes. They can review complaints, assess evidence, and in many cases facilitate dispute resolution between parties. Their role is not only regulatory—these bodies also help protect consumers and project stakeholders where workmanship or conduct falls below required standards. 

What is a Construction Claim?

Construction claims can cover a broad range of issues, including delays, defective or incomplete work, payment disputes, and disagreements over scope. In some contexts, payment claims can apply when one party is owed money after work has been carried out, and these claims may relate to progress payments, final payments, or one-off payments to trades.

Before You Lodge a Claim

Not every situation qualifies for a claim through the building authority, and eligibility can depend on the state, the nature of the dispute, and the parties involved. If a project involves interstate elements, it’s important to confirm which authority has jurisdiction. Before lodging, it’s generally recommended to contact the other party and attempt resolution first—many authorities expect you to outline your communication attempts as part of your submission.

Documentation and Evidence: What You Should Prepare

Strong documentation is the backbone of a successful submission. Supporting evidence typically includes contracts, invoices, progress claims, variation records, emails/messages, photos, and any relevant site records. The clearer and more complete your documentation, the easier it is for the authority to assess what occurred and why the issue remains unresolved.

The Authority Review Process

After submission, the building authority reviews your materials and the circumstances of the dispute. This may include assessing patterns of behaviour (where relevant), determining whether the matter requires further action, and deciding whether mediation is appropriate. In some cases, the authority may determine the issue falls outside its jurisdiction and refer you to another body or pathway—another reason it’s important to confirm eligibility before lodging.

Mediation and Dispute Resolution

Mediation is often a central step in resolving construction disputes. The authority may facilitate discussions to help both parties reach a practical outcome without escalating to lengthy and expensive legal proceedings. A well-prepared claim—supported by clear evidence and a clear timeline—tends to perform better in mediation settings because the facts are easier to verify and negotiate around. 

Legal Recourse and Appeals

If the dispute escalates beyond mediation, the matter may move to a court or tribunal. In these scenarios, parties sometimes engage an expert witness to provide independent opinion or technical evidence. Understanding the potential legal pathway early can help you prepare the right documentation, maintain a clear record, and avoid gaps that weaken your position later. 

How to Reduce the Risk of Claims

Many claims are preventable with stronger cost control and scope clarity from the start. Engaging qualified estimating support (including registered quantity surveyors where appropriate) can help establish accurate pricing, document assumptions and inclusions/exclusions, and reduce the likelihood of disputes related to cost blowouts, overcharging, or unclear scope. 

Construction Estimating Support (Australia)

Accent Estimating provides construction estimating services delivered by experienced, registered quantity surveyors. The goal is simple: help builders and contractors price accurately, stay competitive, and reduce dispute risk through clearer documentation and cost planning. To discuss estimating support across Australia, contact Accent Estimating via phone or the website contact form.