Building Commission, 
and NCAT Lawyer

​Our NCAT lawyers are able to assist contractors with the following regulatory matters:

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• Licence applications and compliance issues

• Contract compliance under NSW legislation

• Responding to directions to rectify defective work issued by Building Commission NSW inspectors

• Defending claims under the SIRA-administered NSW Home Building Compensation Fund (HBCF), including disputes with private HBCF insurers

• Defending disciplinary proceedings

• Defending licence cancellation or suspension actions

​Our NCAT lawyers are able to assist homeowners with the following building matters:

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• Early dispute resolution strategies

• Pursuing claims for defective and incomplete building work, including directions to rectify issued by Building Commission NSW inspectors following inspection of the work

• Claims under the SIRA-administered NSW Home Building Compensation Fund, including disputes with private HBCF insurers

• Consequential damage matters, including damage arising from building works conducted on adjacent properties

• Challenging and reviewing decisions made by the Building Commission NSW and SIRA, including NCAT merit review

Our NCAT lawyers assist builders - including head contractors and licensed residential builders - with the regulatory and dispute matters that most often threaten a build, a licence or a payment position in New South Wales:

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• Responding to homeowner claims for alleged defective or incomplete work, including directions to rectify issued by Building Commission NSW inspectors

• Defending claims made against you under the SIRA-administered NSW Home Building Compensation Fund (HBCF), including disputes with private HBCF insurers

• Statutory warranty disputes under the Home Building Act 1989 (NSW), including arguments about the scope of works and reasonable wear and tear

• Licence applications, conditions, renewals and compliance issues, and defending disciplinary action or licence cancellation or suspension

• Contract disputes with homeowners and subcontractors, including variation, delay and payment disagreements

• Representation in NCAT home building proceedings, from the initial complaint through to hearing, and merit review of Building Commission NSW and SIRA decisions

Our NCAT lawyers act for developers and owners of residential and mixed-use projects across New South Wales, where building regulation, defect liability and compliance obligations can create significant commercial and reputational risk:

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• Managing defect claims and directions to rectify affecting completed developments, including where multiple lots, owners or an owners corporation are involved

• Obligations and exposure under the Design and Building Practitioners Act 2020 (NSW), including duty-of-care claims for economic loss arising from defective work

• Disputes with builders and consultants over defective work, delay, incomplete work and contract performance on your projects

• Home Building Compensation Fund (HBCF) and insurance issues arising on residential developments, including disputes with private HBCF insurers

• Interactions with Building Commission NSW, including responding to inspections, complaints and directions, and challenging or reviewing regulator decisions

• Representation in NCAT and related proceedings, with a strategy focused on protecting project timelines, sales and commercial outcomes