What to Do When a Tradie Does Poor Work in Australia

You hired a tradie, paid a deposit, and expected quality work. Instead, the tiles are uneven, the paint is peeling, or the plumbing leaks. When a tradie does poor work, the frustration is real, but so are your rights. Australian law gives homeowners strong protections against defective workmanship, and there is a clear path from polite conversation to formal tribunal action if the tradie will not fix the problem.

This guide walks you through exactly what to do when a tradie does poor work, step by step. Whether the issue is a cracked wall, a dodgy electrical fitting, or a roof that leaks every time it rains, the process follows the same pattern: document, communicate, escalate.

Step 1: Stop and Document Everything

Before you pick up the phone, pick up your camera. Documentation is the single most important thing you can do when a tradie does poor work. If the dispute ends up at a tribunal, the party with better records almost always wins.

What to document:

• Photos and video. Photograph every defect from multiple angles with good lighting. Include wide shots showing context and close-ups showing detail. Add a ruler or tape measure for scale where relevant.
• Written records. Save every text message, email, and written communication with the tradie. If you have a phone call, follow it up with an email summarising what was discussed.
• Original contract and quote. Locate your written quote, contract, scope of work, and any variation agreements. These documents define what the tradie agreed to deliver. If you followed our guide to getting quotes, you will already have these on file.
• Payment records. Gather all invoices, receipts, bank transfers, and proof of payments made. Note any deposits paid.
• Timeline. Write down key dates: when the work started, when you first noticed the problem, when you raised it with the tradie, and their response.

Create a defect log. Use a simple table format:

This log becomes your evidence file. Keep adding to it as the situation develops.

Step 2: Raise the Issue Directly with the Tradie

Most disputes are resolved at this stage. Contact the tradie in writing (email or text, not just a phone call) and explain the problem clearly. Stick to facts, not emotions.

A good first message includes:

1. A specific description of each defect (reference your defect log)
2. Photos attached or linked
3. Reference to the relevant section of your contract or quote
4. A reasonable deadline for them to respond (7 to 14 days is standard)
5. A clear statement of what you want: rectification, partial refund, or completion of unfinished work

Sample wording:

“Hi [Name], I have identified the following issues with the work completed at [address] on [date]. [List defects]. These do not match the scope of work we agreed to in the quote dated [date]. I would like to arrange a time for you to inspect and rectify these items within the next 14 days. Please confirm a suitable date.”

Keep it professional. Angry messages weaken your position if the dispute escalates. Tribunals look at the conduct of both parties.

If the tradie agrees to fix the work, get the rectification plan in writing. Confirm what they will fix, when they will do it, and that there will be no additional charge. If the tradie does poor work on the rectification attempt as well, you move to the next step.

Step 3: Get an Independent Assessment

If the tradie disputes that the work is defective, or if you are unsure whether the issue is genuine, get an independent assessment. This costs money, but it provides evidence that carries weight at tribunal.

Options for independent assessment:

• Building inspector. A licensed building inspector can provide a written defect report for $300 to $800 depending on scope.
• Another licensed tradie. Ask a second licensed tradesperson in the same trade to inspect and provide a written opinion. Verify their licence on TradieVerify first.
• QBCC Standards and Tolerances Guide (QLD). Queensland homeowners can use this free guide to check whether work meets acceptable benchmarks.

What the report should cover:

• Whether the work meets Australian Standards and the National Construction Code (NCC)
• Whether the work matches what was specified in the contract
• The estimated cost to rectify the defects, with photos and measurements

This report becomes your strongest piece of evidence. If the tradie does poor work and denies it, an independent expert opinion shifts the balance in your favour.

Step 4: Know Your Legal Rights

Australian Consumer Law (ACL) protects homeowners who receive defective trade services. Under the ACL, services must be:

• Provided with due care and skill (section 60)
• Reasonably fit for purpose (section 61)
• Completed within a reasonable time if no timeframe is specified (section 62)

If the work fails these guarantees, you have remedies depending on the severity.

Minor failure: The tradie has the right to fix the problem at no cost. You cannot demand a refund if the issue can be rectified within a reasonable time.

Major failure: You can cancel the contract and seek a refund or compensation for the drop in value. A failure is “major” if:

• The service would not have been acquired by a reasonable consumer fully aware of the problem
• The service is substantially unfit for its normal purpose and cannot easily be made fit
• The service is substantially unfit for a purpose you told the tradie about, and cannot easily be made fit
• The service creates an unsafe situation

Statutory Warranty Periods

Beyond the ACL, each state has statutory warranty periods for building and construction work. These give you a fixed window to claim against defective work:

Act fast. If you are approaching the end of a warranty period, lodge your complaint with both the regulator and the tribunal to preserve your rights. Missing the deadline can permanently extinguish your claim.

If your tradie was unlicensed, your protections are weaker and the consequences more serious. See our guide on hiring an unlicensed tradie for what to do in that situation.

Step 5: Lodge a Formal Complaint with the State Regulator

If direct communication has failed and the tradie does poor work with no intention to fix it, your next step is a formal complaint with the state building regulator. The regulator can investigate, mediate, and in some states issue directions requiring rectification.

The QBCC process (Queensland) is the most structured. After you lodge a complaint, QBCC sends a direction to the contractor requiring rectification within a set timeframe (usually 35 business days). If the contractor fails to comply, QBCC can take disciplinary action, suspend their licence, or arrange rectification through another contractor under the home warranty insurance scheme.

The VBA process (Victoria) starts with an investigation. If the VBA finds the work is defective, they may issue a building notice or building order requiring rectification. If the builder fails to comply, the VBA can refer the matter to the Building Appeals Board or recommend the homeowner apply to VCAT.

Before you lodge:

1. Check the tradie’s licence status on TradieVerify or the state register
2. Attach your defect log, photos, contract, correspondence, and independent report
3. Keep copies of everything you submit

Step 6: Take the Dispute to a State Tribunal

When a tradie does poor work and the regulator’s intervention does not resolve it, or if your complaint involves a money claim (refund, compensation, cost of rectification), the state civil and administrative tribunal is your next option. Tribunals are designed for consumers. You do not need a lawyer for most claims, and the filing fees are modest compared to court costs.

How the tribunal process works:

1. Lodge your application. Fill in the form on the tribunal’s website or in person. Pay the application fee. Attach your evidence bundle (defect log, photos, expert report, correspondence, contract).
2. Mediation. Most tribunals schedule a mediation or conciliation session first. A trained mediator tries to help both parties reach agreement. Many disputes settle at this stage.
3. Hearing. If mediation fails, the matter proceeds to a hearing. You present your evidence, the tradie presents theirs, and the tribunal member makes a binding decision.
4. Orders. The tribunal can order the tradie to rectify the work, pay compensation, refund money, or a combination. Orders are legally enforceable.

Tips for tribunal when a tradie does poor work:

• Bring three copies of everything (one for you, one for the tribunal, one for the other party)
• Organise evidence chronologically with numbered tabs
• Prepare a one-to-two page written summary of your case
• If your claim exceeds the tribunal’s limit, consider the District or County Court

Step 7: Claim on Home Warranty Insurance

If the tradie has disappeared, died, or become insolvent, and your work is covered by home warranty insurance, you can lodge a claim directly with the insurer.

Home warranty insurance covers residential building work above certain dollar thresholds (typically $12,000 to $20,000, varying by state). It protects you when the builder cannot complete the work or fix defects due to death, disappearance, insolvency, or licence suspension.

To claim:

1. Confirm the work was covered by home warranty insurance (check your contract or ask the state regulator)
2. Contact the insurer listed on the certificate of insurance
3. Lodge a claim form with supporting evidence (defect report, photos, contract, proof that the tradie cannot be contacted)
4. The insurer will arrange an assessment and, if approved, pay for rectification work by another licensed tradie

Claim timeframes align with statutory warranty periods listed in the table above. Lodge early to avoid missing the deadline.

Step 8: Protect Yourself Next Time

Dealing with a tradie who does poor work is stressful. These steps reduce the risk of it happening again:

• Always verify the licence before hiring. Use TradieVerify’s search to confirm the tradie holds a current, active licence for the type of work you need.
• Get three written quotes and compare them properly. The cheapest quote is often cheap for a reason.
• Ask the right questions. Our 10 questions to ask before hiring any tradie covers insurance, licensing, references, and contract terms.
• Insist on a written contract. Every state requires a written contract above a certain dollar threshold ($3,300 in QLD, $5,000 in NSW, $10,000 in VIC). Even below the threshold, a written contract protects both parties.
• Pay in stages. Never pay the full amount upfront. Progress payments tied to completed milestones keep the tradie accountable.
• Check their past work. Ask for references and photos of recent completed jobs. Search for reviews on Google and check for licence conditions on TradieVerify.

Frequently Asked Questions

How long do I have to complain about poor tradie work?

Under Australian Consumer Law, there is no fixed deadline, but you must act within a “reasonable time” after discovering the defect. For building and construction work, each state sets statutory warranty periods: typically 6 years for major (structural) defects and 2 to 6 years for minor defects, depending on the state. Victoria has the longest periods at 10 years for major and 6 years for minor defects. Lodge your complaint as soon as you notice the problem to preserve all your options.

Can I withhold payment if the tradie does poor work?

You can withhold payment for incomplete or defective work, but only if you have a reasonable basis. Notify the tradie in writing that you are withholding payment and state the specific defects. Do not withhold payment for completed work that meets the agreed standard just because other parts are defective. If your contract has a dispute resolution clause, follow that process. Withholding the full final payment when only minor touch-ups are needed could weaken your position at tribunal.

Do I need a lawyer for a tribunal claim?

For most residential building disputes, no. State tribunals (NCAT, VCAT, QCAT, SACAT, ACAT, NTCAT) are designed for self-represented parties. The process is less formal than a court, and tribunal staff can help with procedural questions. If the claim is large (above $100,000) or legally complicated (fraud, negligence, contract interpretation), a building and construction lawyer can improve your outcome. Many lawyers offer a fixed-fee initial consultation for $200 to $500.

What if the tradie was unlicensed?

If the tradie was not licensed to perform the work, your consumer protections are weaker but not gone. You still have rights under the ACL for services provided with due care and skill. However, you may not be able to claim on home warranty insurance, and the state regulator may not handle your complaint through the standard process. The tradie faces penalties for unlicensed work (up to $96,000 in Victoria). Report them to the regulator and check our guide on unlicensed tradies for full details.

What counts as “defective work” versus a “contractual dispute”?

Defective work means the work itself is faulty, does not meet Australian Standards, or does not comply with the National Construction Code. Examples: a leaking roof, cracking walls, uneven tiles, non-compliant electrical work. A contractual dispute is about what was agreed, not the quality of what was done. Examples: wrong colour tiles, different brand of tap, fewer power points than quoted. Both can be taken to tribunal, but the complaint process with the state building regulator (QBCC, VBA, etc.) typically only covers defective work, not contractual disagreements.

Can I hire another tradie to fix the work and recover the cost?

Yes, but be careful. If you hire another tradie to rectify defects before giving the original tradie a reasonable opportunity to fix them, you may weaken your claim for compensation. The safest approach: notify the original tradie in writing, set a reasonable deadline (14 to 21 days), and state that you will engage another contractor if they do not respond. Keep the original defective work documented with photos before any rectification begins. The cost of rectification by a second tradie is recoverable through the tribunal as damages.

Key Takeaways

• Document first. Photos, emails, contracts, and a defect log are your strongest evidence.
• Communicate in writing. Give the tradie a chance to fix the problem before escalating.
• Know your warranty periods. Each state has different timeframes. Act before the deadline.
• Use the regulator. QBCC, VBA, Fair Trading, and CBS can investigate and direct rectification.
• Tribunals are accessible. Filing fees start at $62. You do not need a lawyer for most claims.
• Claim on insurance if the tradie disappears. Home warranty insurance exists for exactly this situation.
• Prevent it next time. Verify licences on TradieVerify, get written quotes, and use written contracts.

Related Guides

• How to Handle a Building Dispute — Our building dispute guide
• What Happens If You Hire an Unlicensed Tradie? Penalties, Insurance Risks, and Your Rights — Our unlicensed tradie risks
• Tradie Payment Terms: What’s Standard — Our payment terms guide

Sources

1. Australian Competition and Consumer Commission, “Consumer Guarantees,” accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees
2. Queensland Building and Construction Commission, “What is Defective Work,” qbcc.qld.gov.au/complaints-disputes/building-work-issue/defective-work-dispute/what-defective-work
3. Victorian Building Authority, “Consumer Complaints,” vba.vic.gov.au/consumers/complaints
4. NSW Fair Trading, “Resolving Building Disputes,” nsw.gov.au/housing-and-property/building-and-renovating/resolving-building-disputes
5. NCAT, “Fees at NCAT,” ncat.nsw.gov.au/forms-and-fees/fees-at-ncat.html
6. QCAT, “Fees and Allowances,” qcat.qld.gov.au/resources/fees-and-allowances
7. Consumer and Business Services SA, “Beware Rogue Tradespeople,” cbs.sa.gov.au/campaigns/beware-rogue-tradespeople
8. Housing Industry Association, “Statutory Warranties for Home Building Work,” hia.com.au/resources-and-advice/managing-your-business/managing-compliance/articles/statutory-warranties-for-home-building-work