I am a sub-contractor and undertook work for a builder on a residential property in Victoria. I tiled a bathroom and I’m owed $1200. The builder (contractor) is refusing to pay me. How can I get the money I’m owed?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Kate Dodgson, Brisbane 4000 QLD
- You have rights for payment for your work under the Building and Construction Industry Security of Payment Act 2002 and the Building and Construction Industry Security of Payment Regulations 2013 (Vic).
- You should check the contract between yourself and the builder.
- It is likely the contract included ‘progress payments’ and included a date for when you should be paid for your work.
- You need to give the builder a ‘payment claim’ essentially requesting the payment you are owed (an invoice).
- If there is a dispute about the payment owed it can be adjudicated by an Authorised Nominating Authority (ANA) who will make the payment determination within 10 business days. ANAs are appointed by the Victorian Building Authority (VBA) and you can find them on the VBA website.
- The ANA will produce a certificate with their adjudicated decision regarding the debt owed and you can have this decision enforced in court if it is not complied with.
- Alternatively you can skip the adjudication process and go directly to court. This is a more expensive option and it is highly recommended you try to solve the dispute through adjudication first. Litigation is likely to cost you many times more than the amount you are owed.