The Building Commissioner is given jurisdiction under the Building Services (Complaints Resolution and Administration) Act 2011 (WA) (Act) to deal with complaints relating to:

1. A regulated building service, relevantly including home building work carried out by a builder that has not been carried out in a proper and proficient manner: Section 5(1) of the Act (Building Services Complaint).
2. A complaint regarding a breach of a home building works contract (a contract for the performance of home building work between $500,000.00 and $7,500.00) (HBWC Complaint).

A Building Services Complaint may be commenced in the Building Commission within:

1. 6-years from the date of the relevant works reaching practical completion; or,
2. if the works are not practically complete, 6-years from the date of the relevant works being carried out.

A HBWC Complaint must be commenced within 3-years of the date of the alleged breach of the contract occurring.

A HBWC Complaint must be commenced within 3-years of the date of the alleged breach of the contract occurring.

To read more about Building Services Complaints, click here. To read more about HBWC Complaints, click here.

Vogt Legal, as experienced construction lawyers, routinely provide advice with respect to Building Commission Complaints, including:

1. advice on the effect and impact of the relevant terms of the standard form Housing Industry Association and Master Builders Association home building works contracts.
2. advising on the relief which should be sought from the Building Commissioner in the Building Services and/or HBWC Complaint.
3. advising on the evidence required to successfully:
   1. make out your Building Services and HBWC Complaint.
   2. defend a Building Services and HBWC Complaint which has been brought against you.
4. preparing your application to the Building Commissioner.
5. representing you at all stages in the Building Commission proceedings and, if applicable, in the State Administrative Tribunal.

If you are thinking about commencing a claim in the Building Commission, please contact our experienced and knowledgeable building and construction lawyers to arrange a free initial telephone conversation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

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The Building Commission and, if applicable, State Administrative Tribunal have jurisdiction to consider complaints concerning a breach of a home building works contract: Section 5(2) of the Building Services (Complaints Resolution and Administration) Act 2011 (WA)(Act); Section 17 of the Home Building Contracts Act 1991 (WA) (HBC Act). 

A home building works contract is a contract for the performance of home building works for a cost between $7,500.00 and $500,000.00.

Practically speaking, common issues founding a potential HBWC Complaint which our building and construction lawyers have experience advising upon are as follows:

1. non-payment of payment claims issued under a home building works contract.
2. unlawful payment claims issued purportedly under a home building works contract (for example, before the relevant stage of works have been completed).
3. defending or challenging the issue of a price increase notice.
4. defending or challenging claims for an extension of time to bring the works to practical completion. To read more about these issues, click here
5. unlawful suspension of the works.
6. defending and prosecuting claims for delay damages. To read more about these issues, click here.
7. contract termination. To read more about these issues, click here.

If you believe you may have grounds to bring a HBWC Complaint or, have been served with a complaint or notice of proposed complaint, contact our knowledgeable and experienced building and construction lawyers to arrange a free initial telephone conversation to discuss the matter.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Building contracts and contracts generally are a collection of terms which the parties have agreed for the purposes of conducting their relationship or transaction.

A breach of a contract, including a building or construction contract will arise where one party asserts that their counterparty has breached a term or condition of the contract.

The above includes disputes as between a subcontractor and a builder, principal or head contractor under an overarching building or construction contract.

Scenarios commonly encountered by our knowledgeable and experienced building and construction lawyers concerning breach of a building contract are as follows:

1. non-payment of a payment claim issued under a contract that is either a fixed price or cost-plus contract.
2. unlawful issuance of a payment claim under a construction contract, for example, before the works reached the stage of completion entitling recovery of the payment stage.
3. suspension of the works (either lawfully or unlawfully).
4. delay damages following failure to cause the works to reach practical completion by the contractually prescribed date.
5. defective works.
6. refusal or failure to pay a claim issued by a subcontractor.

If a breach of a building or construction contract occurs, the innocent party (party not in breach) will generally be entitled to recover loss and damage arising from that breach. In some cases, the innocent party may be entitled to terminate the contract entirely.

In these cases, damages will be calculated to derive a figure to put you in the same position that you would have been had the contract been performed (not breached) by your counterparty. For example, if your counterparty fails to deliver goods or services and you need to incur the cost of procuring alternative performance at a higher price, you may have a claim against your counterparty for the cost over and above you would have incurred had they performed the contract in the first place.

Some forms of loss and damage are only available once a contract has been terminated. For example, losses sustained from having to enter into a new contract with a new builder where your old builder refused or failed to tender performance, the law dictates that your first contract must be properly terminated before you can claim for the ‘loss of bargain’.

Termination of any contract is a serious and significant prospect that should not be entertained lightly. To read more, click here.

If you believe that you are a party to a contract and your counterparty has breached the contract in any way, including, the possible scenarios above, contract our experienced building and construction lawyers for a free initial telephone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

In certain circumstances, a breach of your construction contract by your counterparty may entitle you to terminate the contract as part of any other remedy you may have under the agreement, including, for loss and damage.

Termination of your construction contract is a minefield of legal danger and significance. Accordingly, it should not be entertained lightly.

Generally speaking, there are three sources of legal right to terminate a contract:

1. rights afforded by the contract itself (express contractual right).
2. rights recognised at law as a basis to terminate the contract but which are not written down in the contract itself (common law rights).
3. rights conferred by statute (statutory rights).

Express contractual right 

The contract itself will generally contain clauses which inform the parties as to when and if they are entitled to terminate the contract.

For example, a construction contract may provide that if the works are suspended without lawful or reasonable excuse, the contract may be terminated by the innocent party.

The contract will also usually contain clauses that explain how the right is to be exercised. For example, a common method may require you to first issue a notice to your counterparty, informing them that a breach has occurred and request that they cease the conduct amounting to a breach within a specified period of time.

It is important to carefully review the contract in question to ensure that your termination is not called into question by virtue of the failure to properly comply with the provisions of the contract.

Common law rights

The law recognises a right for an innocent party to terminate an agreement in three situations:

1. A breach of an essential term of the contract: Essential terms, also known as conditions, are said to be terms so important to the contract in question that the innocent party would not have entered into the contract for anything less than full performance of the term in question.
   
   Whether a term is a condition of the contract is a question of law, which you should engage a knowledgeable building and construction lawyer about to ensure that you do not mischaracterise a term as a condition and mistakenly terminate the contract.
   
   
2. A serious breach of a non-essential term: If the term breached is not a condition, there may still be a right to terminate the relevant contract.
   
   More often than not, whether the breach of the non-essential term will entitle the right to terminate will require an examination of the consequences of the breach and the nature of the contract.
   
   
3. Repudiation: This word describes conduct by which a defaulting party has, by the nature of their conduct, demonstrated: (a) an intention no longer to be bound by the contract; or, (b) an unwillingness or inability to perform their obligations under the contract.
   
   To read more about repudiation, click here.

If you are contemplating terminating your contract, or, your counterparty has attempted to terminate your contract, you should immediately seek legal advice from our experienced building and construction lawyers.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint a trusted person (or two) to make financial decisions on your behalf.  This power continues if you lose the capacity to do so yourself due to illness, accident, or other circumstances. This appointed person, called your Attorney, can handle important matters such as paying bills, managing investments, or selling property on your behalf.

You retain the right to manage your affairs as long as you are capable.

Why Do You Need an Enduring Power of Attorney?

• Without an EPA, your family may need to apply to the State Administrative Tribunal (SAT) to be appointed to manage your affairs, which can be time-consuming, costly and stressful.
• It allows you to ensure someone you trust will act in your best interests and manage your finances according to your wishes.
• An EPA enables your Attorney to deal with your real estate and other property matters efficiently.

Who Can Be Your Attorney?

You can appoint:

• A sole Attorney (one person).
• Joint Attorneys (two people who must agree on decisions).
• Joint and Several Attorneys (two people who can act together or independently).
• Substitute Attorneys to act if your primary Attorney(s) is unavailable.

It’s important to choose someone you trust implicitly, who is responsible and understands their obligations under the law. The experienced team at Vogt Legal can guide you through this important decision, ensuring you understand the legal responsibilities and practical implications.

How Does an Enduring Power of Attorney Work?

• Activation: We normally draft EPA instruments to come into effect immediately, though an EPA may be drafted to come into effect upon a declaration of incapacity by the SAT.
• Duration: An EPA remains valid until revoked by you (while you have capacity), or until your death.
• Registration: If your Attorney will be managing real estate transactions, the EPA must be registered with Landgate to be effective.

What Can Your Attorney Do?

Your Attorney has authority over your financial and property matters, such as:

• Paying bills and managing bank accounts.
• Managing investments and insurance policies.
• Buying or selling property.
• Dealing with government agencies.

Note: An EPA does not cover personal lifestyle or medical decisions. For those, a separate document like an Enduring Power of Guardianship is required.

Why Use Our Legal Services to Draft Your EPA?

Drafting a valid and effective EPA requires careful legal expertise. Our experienced lawyers will:

• Explain your options clearly and guide you on the best type of EPA for your needs.
• Help you select the right Attorney(s) and prepare the necessary documentation.
• Ensure all legal requirements and formalities are met for a valid and enforceable EPA.
• Provide advice on registering your EPA with Landgate, if needed.
• Support you in understanding the responsibilities and obligations of your Attorney.
• Assist with reviewing or updating existing powers of attorney.
• Offer advice and assistance if you suspect misuse of an EPA.

When Should You Make an EPA?

You must prepare an EPA while you are still of sound mind. Incapacity can happen unexpectedly, regardless of age, so don’t delay. Having an EPA in place can save your loved ones unnecessary stress and legal complications in difficult times.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

Get Started Today

If you want peace of mind knowing your financial affairs will be managed by someone you trust if you lose capacity, contact us for a confidential consultation. Our dedicated lawyers will guide you through the process with care, clarity, and respect for your wishes.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

With over 25 years of experience in Perth, Vogt Legal’s specialist team is equipped to handle a broad spectrum of property and real estate disputes. From buyer-seller conflicts and landlord-tenant disagreements to complex issues like contaminated land, our dedicated professionals provide tailored guidance to resolve even the most challenging cases.

Our specialist team at Vogt Legal has extensive experience with property disputes.

We can assist in a range of matters including:

• buyer or seller failure to complete sale transaction
• commercial & residential landlord & tenant disputes
• contaminated land disputes
• property investment/loan disputes
• encroachments
• caveats & other injunctions on land
• dividing fence disputes
• easements, restrictive & design guideline covenants, & other encumbrances
• bank guarantees & solicitor certificates.

If you are involved in a property dispute, or foresee a dispute in your future, call us today for a FREE initial telephone consultation.

We advise on all matters relating to planning legislation and the statutory and regulatory framework governing land use in WA.

We represent clients in relation to:

• Applications and town planning appeals
• Advice relating to the development of land including commercial and residential subdivision, rezoning, heritage, and environmental issues.

Please click the button below to arrange an appointment with Vogt Legal today.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Most construction disputes will stand or fall on the quality of independent expert evidence.

Construction law disputes typically require independent expertise such as building inspectors, engineers, and quantity surveyors to provide independent expert reports for use in legal proceedings.

Our wealth of experience has garnered the best industry experts to quickly and cost effectively provide industry technical assistance to either resolve a dispute, or to support our clients position in any dispute resolution process.

In cases where court or tribunal proceedings become necessary our team of lawyers commonly appear as counsel to navigate through the proceedings, closely working with our clients and industry experts to achieve the best possible outcome.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Our team has over 25 years of experience providing legal advice in commercial disputes arising from building and construction matters.

Throughout this time many decisions Will and the team have been involved in have been reported in the decisions databases of the Building Disputes Tribunal (now Building Commission), Magistrates Court, District Court and Supreme Court.

These disputes generally involve construction delays, price increases, workmanship issues and other major contractual disputes.

Our team appears frequently in the State Administrative Tribunal. We have also acted for clients in the Supreme Court, District Court and Magistrates Court in relation to these kinds of disputes.

From our many years of experience we resolve construction disputes including:

• delay damages including liquidated damages claims
• claims for extension of time
• payment disputes, including in respect of retention monies
• practical completion and defective workmanship issues
• disputes concerning the scope of works or standard of works
• rectification Works Claims
• advising on Latent Defects
• variations to a building or construction contract
• Building Commission complaints
• corresponding with a builder/customer in respect to matters arising during the course of the contract
• reviewing, negotiation and amendment of a building or construction contact.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

In constructions projects, it is common for certain elements of the work to require rectification, whether before or after practical completion. While some rectification work may be relatively minor, in other cases, the required rectification work can be far more costly. Regardless of the scale of the issue, we are equipped to assist.

Typically, most residential construction contracts include a provision for a defects liability period. This is a useful mechanism to be incorporated into a building contract, however, the defects liability period usually only lasts 6-12 months. This might be a cause for concern when defects begin to manifest after the defects liability period has expired.

Fortunately, homeowners can also rely on their statutory rights, in addition to their contractual entitlements.

At Vogt Legal, our experienced litigation team can assist you in:

• Evaluating the merits of your claim and providing strategic advice in relation to the most appropriate forum for pursuing it.

• Engaging high-quality and trustworthy experts to provide reliable evidence in support of your claim.

• Representing you in a range of jurisdictions, including Commercial Arbitrations, the Building Commission or the State Administrative Tribunal, based on your needs.

• Negotiating with the opposing party to resolve your matter quickly, with the aim of reaching a settlement before initiating any formal legal proceedings.

If you require guidance in relation to defective workmanship or rectification works, please contact us for a free initial phone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Under the Building Services (Complaint Resolution and Administration) Act 2011 (WA) (BSCRA Act), individuals who are affected by building services have the right to lodge a complaint with the Building Commissioner.

At Vogt Legal, we offer expert legal services in the preparation and management of Building Commission claims, including those that are escalated to the State Administrative Tribunal (SAT) for further resolution.

Our services cover:

• Advising on any entitlement to lodge a complaint with the Building Commission.

• Handling all aspects of preparing a claim to be lodged with the Building Commissioner, including ensuring that all necessary documentation is correctly submitted, and all legal requirements are met.

• If a matter is referred from the Building Commission to the SAT, we provide guidance and representation throughout the entire process, advocating for your best interests and ensuring a thorough presentation of your case.

• In addition to assisting homeowners, we also represent builders and construction companies in defending claims brought against them, both at the Building Commission and before the SAT. We work to protect your business and minimise any potential legal or financial exposure.

If you need assistance with a Building Commission claim or representation in the SAT, contact us to discuss how we can help you navigate these processes effectively.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.