Dispute Resolution

If you have any concerns or disputes with your builder, it is important to address these calmly with the builder in the first instance. You should make a note of the date, time, and person you spoke with, and keep a copy of any correspondence with the builder.

If you’ve contacted the builder, but not received a satisfactory response, write to the builder about the problem. A sample letter of complaint to a builder or tradesperson is available from the SA.GOV.AU web page which will help you include all the relevant information.

If writing to the builder has not resolved the issue, you have not been able to contact the builder or you have heard that the builder is in financial difficulty, you should contact Consumer and Business Services (CBS) for advice.

Further Information

CBS is responsible for licensing builders and provides a free consumer advice and dispute resolution service.

your claim isn’t currently being heard in court
the project is being done or the services were advertised in South Australia
the work being done is for personal use.

You can also report a business to CBS if you believe they are not acting in line with their legal requirements.

Advice and conciliation

The CBS Advice and Conciliation Branch provides advice to consumers on fair trading matters to educate and give tools to consumers so that they may try and resolve the matter with the trader directly.

If a solution isn’t reached, CBS will consider the next best step which may include one of several conciliation options. Various circumstances will influence the best approach. One option that may be recommended is to arrange a compulsory conciliation conference. Both you and the builder must attend, either in person, by phone, or video conference. The builder could be fined up to $10,000 if they don’t attend without a reasonable excuse. CBS will act as a neutral third party during the conference.

Any agreement reached will be put in writing. If the builder doesn’t comply with all the terms of the agreement, either you or CBS can apply to the Magistrates Court to enforce it.

CBS also undertakes voluntary conciliation conferences in person or by telephone. A very large number of matters are resolved using CBS’ advice and conciliation services each year.

Contact CBS

Online: here
Phone: 131 882
Post: GPO Box 1719
Adelaide SA 5001

Taking Court Action

If you and the builder cannot agree on a solution, CBS may not be able to conciliate further. You may choose to proceed with court action. This option is available at any time during the dispute.

See the civil claims page on the Courts Administration Authority website https://www.courts.sa.gov.au/civil-cases/ for more information about formal legal action.