Can I Sue My Builder for Breach of Contract?

10:00 am
December 3, 2025

Can I Sue My Builder for Breach of Contract?

When you’re in the middle of a construction or renovation project, the last thing you expect is for your builder to drop the ball. But it happens — delays blow out, workmanship is poor, invoices don’t match what was agreed, or the builder simply walks off the site.

So, can you sue your builder for breach of contract? The short answer: yes, but only if certain legal thresholds are met. Here’s what you need to know.

What Counts as a Breach of Contract?

A breach occurs when your builder fails to do something the contract requires them to do, or does something the contract prohibits. Common examples include:

Failing to complete the work within agreed timeframes
Poor or defective workmanship
Using materials that weren’t specified
Failing to follow plans or engineering requirements
Walking off the job
Issuing invoices that don’t comply with the contract
Not carrying out variations properly

When Are You Actually Able to Sue?

Before suing, you must be able to show:

1. A Legally Binding Contract Exists

This could be a written contract, emails, quotes, text messages, or even conduct showing an agreement.

2. The Builder Has Breached the Contract

Evidence is key: photos, expert reports, emails, payment claims, text messages, and project timelines all help.

3. You’ve Suffered Loss or Damage

You need to show the breach caused financial loss — for example:

Cost to fix defective work
Cost to hire a new builder
Extra rent or accommodation expenses
Loss from delays
Interest or legal costs

4. You’ve Given the Builder a Chance to Fix the Issue

Most contracts (and tribunals) require you to give a formal notice to remedy before taking legal action.

What Options Do You Have?

Depending on the severity of the issue, you may be able to:

1. Issue a Notice to Remedy

A written notice giving the builder a set period to fix the problem.

2. Suspend Work or Payment (if the contract allows)

If the builder is in breach, you may be able to stop paying progress claims until issues are resolved.

3. Terminate the Contract

If the breach is serious enough and properly documented, termination may be available — but you must follow the contract step-by-step.

4. Make a VCAT or Court Claim for Damages

You can sue for the cost of rectification, delays, loss of rent, and other damage.

5. Claim Under Insurance or Statutory Warranty Schemes

Depending on your state, you may have rights under domestic building insurance or statutory warranties.

Common Pitfall: Terminating Too Early

One of the biggest mistakes homeowners make is trying to “fire the builder” without going through the contract’s formal process.

Wrongful termination can flip the blame back on you, expose you to damages, and give the builder leverage they shouldn’t have.

Always get advice before issuing notices or terminating.

When to Get a Lawyer Involved

You should speak to a construction litigation lawyer when:

Defects are significant or dangerous
The builder isn’t responding or keeps making excuses
There’s a dispute about delays or payment claims
You’re considering suspension or termination
You want to sue for damages
The relationship with the builder has broken down

Early intervention often saves time, money, and stress — and reduces the risk of making the situation worse.

Need Help Sorting Out a Builder Dispute?

If your builder has breached the contract or you’re worried about the direction of your project, we can help.

At Twomey Dispute Lawyers, we deal with these issues every day. We’ll assess your contract, advise you on your rights, and guide you through the right steps — whether that’s issuing a notice, suspending work, negotiating an outcome, or commencing proceedings.