This article looks at the top 10 answers to questions that building professionals, homeowners and practitioners may have, or should ask, before commencing or defending proceedings in the New South Wales Civil & Administrative Tribunal (NCAT) for residential building work. These issues are particularly relevant to homeowners considering a claim against a builder for defective or incomplete residential building works, but also for builders who receive such a claim or that are considering their own claim against a homeowner for non-payment.
1. What jurisdiction does NCAT have?
NCAT is a specialist tribunal divided into four divisions. Its Consumer and Commercial division has jurisdiction to determine residential building disputes up to a value of $500,000. NCAT derives this jurisdiction principally from the Home Building Act 1989 (NSW). However, the tribunal cannot determine equitable claims, common law claims or claims against building professionals pursuant to the Design and
