Hi all — I’m looking for guidance on how to proceed in a building dispute that’s now heading toward VCAT.
My builder damaged the crossover during construction and agreed to reinstate it. Council requires a Telstra pit to be relocated first. Telstra has issued a quote.
At first, the builder refused to pay anything or engage with Telstra. Only after I lodged a DBDRV claim did they offer a 50:50 split. I’ve said I’ll pay Telstra upfront just to keep things moving — not because I agree with their position, but because I’m stuck.
We’d already agreed to an 80:20 split (builder: me) for the crossover damage from demolition and construction. The majority of the damage was caused during their works, and I believe the Telstra pit should fall under the same arrangement. I see the cost matter as separate and something that should be resolved at the tribunal. I even offered to pay the full Telstra cost just to get the crossover reinstated.
They had previously agreed to coordinate the reinstatement works, but now they’re refusing to do so unless I accept a 50:50 cost split — even though that issue is already scheduled for conciliation at DBDRV early next year. I’ve refused because it doesn’t reflect the agreed 80:20 ratio or the fact that the majority of the damage was caused during their works.
I’ve done everything I can to reduce the cost — I’ve been the one coordinating with Telstra, trying to line things up properly. I’d prefer their contractor does the reinstatement because it’s complex and would be cheaper through them. But they’re just refusing to act.
- Can a builder refuse to coordinate reinstatement works while a cost dispute is already at DBDRV despite agreeingto coordinate it on behalf of both parties?
- Even if I pay Telstra upfront, what are my options if the builder still refuses to coordinate?
- What would council make of a builder refusing to reinstate a damaged crossover unless I agree to their private cost terms?
- How should I proceed with council in the meantime — should I notify them that the builder is refusing to act or request an extension?
I’m a single mum trying to get this sorted fairly. It’s been exhausting — financially and emotionally. I’ve done everything I can to be reasonable, but I feel like I’m being backed into a corner.
It looks like this will end up at VCAT. What should I expect? Given everything I’ve done — and how unreasonable they’ve been — I’m starting to think asking for 100% reimbursement is fair. I’ve consistently requested the 80:20 split throughout, but their conduct has made it really hard to keep compromising.
Thanks in advance for any advice!
My builder damaged the crossover during construction and agreed to reinstate it. Council requires a Telstra pit to be relocated first. Telstra has issued a quote.
At first, the builder refused to pay anything or engage with Telstra. Only after I lodged a DBDRV claim did they offer a 50:50 split. I’ve said I’ll pay Telstra upfront just to keep things moving — not because I agree with their position, but because I’m stuck.
We’d already agreed to an 80:20 split (builder: me) for the crossover damage from demolition and construction. The majority of the damage was caused during their works, and I believe the Telstra pit should fall under the same arrangement. I see the cost matter as separate and something that should be resolved at the tribunal. I even offered to pay the full Telstra cost just to get the crossover reinstated.
They had previously agreed to coordinate the reinstatement works, but now they’re refusing to do so unless I accept a 50:50 cost split — even though that issue is already scheduled for conciliation at DBDRV early next year. I’ve refused because it doesn’t reflect the agreed 80:20 ratio or the fact that the majority of the damage was caused during their works.
I’ve done everything I can to reduce the cost — I’ve been the one coordinating with Telstra, trying to line things up properly. I’d prefer their contractor does the reinstatement because it’s complex and would be cheaper through them. But they’re just refusing to act.
- Can a builder refuse to coordinate reinstatement works while a cost dispute is already at DBDRV despite agreeingto coordinate it on behalf of both parties?
- Even if I pay Telstra upfront, what are my options if the builder still refuses to coordinate?
- What would council make of a builder refusing to reinstate a damaged crossover unless I agree to their private cost terms?
- How should I proceed with council in the meantime — should I notify them that the builder is refusing to act or request an extension?
I’m a single mum trying to get this sorted fairly. It’s been exhausting — financially and emotionally. I’ve done everything I can to be reasonable, but I feel like I’m being backed into a corner.
It looks like this will end up at VCAT. What should I expect? Given everything I’ve done — and how unreasonable they’ve been — I’m starting to think asking for 100% reimbursement is fair. I’ve consistently requested the 80:20 split throughout, but their conduct has made it really hard to keep compromising.
Thanks in advance for any advice!
