Scammed by Incomplete Works? Act Fast to Protect Yourself

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Home > Blog > Scammed by Incomplete Works? Act Fast to Protect Yourself

Building Contracts - Defective or Incomplete Works

You paid a builder to do a job. They took your money, started the work, and then either disappeared, botched it, or left you with a half-finished site. It’s a situation no property owner wants to find themselves in, but, unfortunately, it’s not as rare as it should be.

The good news? Queensland law gives you real rights. The key is knowing what they are and acting quickly.

Key Takeaways

Defective work and incomplete work are two different things under Queensland law, and your rights differ slightly depending on which you’re dealing with.
For domestic building work, you may be able to make a claim through the Queensland Home Warranty Scheme via the QBCC.
Time limits apply. In some cases, you have just 3 months from the end of the contract to lodge a claim.
Do not terminate a building contract without legal advice first. Getting this step wrong can cost you your entitlements.

Defective Work vs Incomplete Work – What’s the Difference?

These terms are often used interchangeably, but they mean different things in a legal context.

Defective Work

Defective work is work that has been carried out but doesn’t meet the requirements of your building contract, applicable industry standards, or the Building Act 1975 (Qld). It might look finished–but it’s not up to scratch.

Incomplete Work

Incomplete work is exactly what it sounds like: work that simply hasn’t been done. Under many building contracts, “practical completion” hasn’t been reached where incomplete work unreasonably prevents occupation of the building.

Both can give rise to a breach of contract. For domestic building work, there are also implied statutory warranties under the Queensland Building and Construction Commission Act 1991 (“the QBCC Act”), which offer additional protections over and above whatever your contract says.

What Can You Do About It?

Your first step is usually to formally direct the contractor, in writing, to return to site and rectify or complete the work. Keep a copy of everything.

If they refuse, ignore you, or go out of business, your options become more significant.

For incomplete work specifically, if practical completion hasn’t been reached, you may be entitled to:

Refuse to pay the final claim
Refuse to take possession of the works
Terminate the contract and engage another contractor to complete it

For defective work, you’re entitled to have the contractor rectify the issues. If they won’t, you can seek compensation. For domestic building work, you may also be able to lodge a complaint with the Queensland Building and Construction Commission (QBCC), who can direct the contractor to carry out rectification works or, if that fails, approve payment under the Queensland Home Warranty Scheme.

The 3-Month Rule You Need to Know

If your contractor has gone bankrupt, been deregistered, or you’ve validly terminated the contract due to their default, you may be eligible to lodge a non-completion claim under the Queensland Home Warranty Scheme. This can cover additional completion costs and the repair of any defective work.

But the window is tight. According to the QBCC, you must lodge your claim within 3 months of the contract ending, and the contract itself must have ended within 2 years of work commencing.

Don’t wait to see how things unfold. If your builder has gone quiet or disappeared, start the clock from that moment.

Don’t Terminate Without Legal Advice

Terminating a building contract, even when the builder is clearly at fault, is a serious legal step. If it’s done incorrectly, you could lose your right to make a warranty claim entirely.

The QBCC strongly recommends getting formal legal advice before taking any steps to terminate. A solicitor can walk you through the termination process set out in your contract’s General Conditions, make sure the paperwork is done properly, and protect your entitlements going forward.