The leak has been reported. The builder has been out once, sealed something, and now does not return calls, or says the problem is "maintenance" or "not our work". This is the point where many owners either give up or spend money on a lawyer before they have any evidence. There is a sequence that works better. This article describes it in general terms; it is not legal advice, and the rules do change, so check the current position with the QBCC or a solicitor before acting on any of it.
First: put it in writing, with dates
Every later step asks the same questions: when did you notice it, when did you tell the builder, and what did they do. Send a dated written notice describing the defect, attach photos, ask for rectification, and keep copies of every reply. If earlier contact was by phone, write a note now recording when those calls happened.
Know which warranty you are under
- The builder's contractual defects liability period, often short, set out in your contract.
- The statutory warranties that apply to residential building work in Queensland regardless of the contract.
- The QBCC Home Warranty Scheme, which covers eligible residential work if the contractor will not or cannot fix a defect, with its own time limits and categories.
The QBCC complaint
If the builder does not rectify, the next step is a complaint to the QBCC. It can inspect, decide whether the work is defective, and direct the contractor to rectify. It is free to the home owner and it is the route the Home Warranty Scheme expects you to have taken. Its decisions rest on what its inspector finds on the day, measured against the standards, which is where your own evidence matters.
What an independent report changes
A builder's position is usually one of three: it is not leaking, it is leaking but not our work, or it is leaking because of how you have used it. An independent investigation answers all three with evidence: where water enters, whether the work departs from the standard it was built to, and what caused it. Owners with a mapped, tested, standard-referenced report tend to get a different response from the same builder, and a much shorter argument at the QBCC.
It also protects you from the opposite mistake: blaming the builder for a leak that turns out to be a blocked drain or a plumbing fault, and burning goodwill and time on the wrong target.
If it goes to QCAT
Building disputes that are not resolved through the QBCC can end up at the Queensland Civil and Administrative Tribunal. At that point the case is decided on evidence and expert opinion, and an expert witness report, written to the tribunal's rules for experts, becomes central. Reports prepared earlier as a plain investigation can usually be built on, but the expert engagement is a separate, formal step.
- Get the time limits for your defect category from the QBCC today.
- Notify the builder in writing and keep the record.
- Have the leak investigated independently so the argument is about evidence.
- Lodge with the QBCC if rectification is refused.
- Take advice before QCAT; make sure your expert evidence meets the tribunal's requirements.
HydroIQ investigates, reports and, where needed, provides expert witness evidence. We do not carry out the rectification, so our findings are not tied to winning the repair. If the outcome is a repair you arrange yourself, our sister company S&S Remedial is a licensed option for the works.
Common questions
General information for South East Queensland home owners, not advice about your building or a legal matter. Standards and time limits change; check the current edition or rule before relying on a figure here.