Disputes with a builder or tradesperson

Making a complaint to a builder or tradesperson is often straightforward. If you have a problem with a trader who has done work at your home, try the options below before contacting Consumer and Business Services (CBS).

Contact the trader

Contact the trader in person or on the phone and explain the problem to them. It can help to have any paperwork or receipts with you when you speak with them, in case they have questions. Remember to keep a record of your contact and include:

• the name and job title of the person you spoke with
• the dates you contacted them
• what was discussed, including what they suggested.

If a trader tells you to contact the manufacturer, advise them that under Australian Consumer Law, they need to contact the manufacturer for you. 

Contact the trader in writing

A complaint letter or email that clearly states the problem and any purchase information – eg copy of the receipt – can help the trader understand what needs to be fixed. This is also a record of your contact with them.

Using our sample letter of complaint to a builder or tradesperson can help you include all the information needed by the trader.

Making an official complaint

Consumer and Business Services (CBS) acts as a neutral third party, offering advice and information that can help you reach an agreement. CBS can help if:

• your claim isn't currently being heard in court
• work was done in South Australia
• products or services were advertised or bought in South Australia
• the work or products were for personal use.

You will need to show that you have tried to contact the trader – eg a copy of a letter describing the problem, diary entries that show dates and times.
Lodge an official consumer complaint

Reporting a trader

You can also report a trader without making an official complaint. To do so, phone Consumer and Business Services on 131 882 – extension 5. The advice line is open Monday to Friday between 9.00am and 5.00pm (except public holidays).

After you have made an official complaint

Consumer and Business Services (CBS) will contact you to let you know when your complaint has been accepted. Your case officer will then:

• gather information and record all the facts
• provide information
• work out if a report from an expert is needed
• offer advice.

You may be asked to:

• write another letter to the trader
• arrange inspections
• contact other organisations
• obtain and pay for reports from experts.  

The trader needs to be willing but most problems can be solved through these discussions. CBS doesn't provide legal advice. If the problem isn't solved through these discussions, any information or advice you receive from CBS can be helpful if you decide to go to court. 

Confidential information

All information collected by CBS during an investigation is kept private. It isn't available under the Freedom of Information Act. However, during negotiations the trader may need to be aware of certain things. Please tell your case officer of any information you don't want the trader to see.

Special needs and concerns

Talk to your case officer if you have specific needs or concerns. CBS can adjust the way they do things to help people who:

• are older
• are living with a disability
• have mental health concerns
• are more comfortable speaking in a language other than English.
• 
  

Compulsory conciliation conferences

The Commissioner of Consumer Affairs can ask for a compulsory conciliation conference instead of court action. The Commissioner will decide how the conference takes place – eg telephone, video conferencing – and will consider the following before calling this meeting:

• the number of complaints against a trader
• how the trader handles customer complaints
• any legal issues.

The trader and you must attend the meeting. If there is a good reason for cancelling, another date can usually be arranged. Traders can be fined up to $10,000 if they don't have a reasonable excuse.
If the trader and you agree to a solution, it will be:

• documented
• signed by you, the trader and the commissioner
• copied – you and the trader will be given a copy.

The trader needs to obey the terms of the agreement. If this doesn't happen, you or the Commissioner can apply to the Magistrates Court to enforce it.

Taking action through the court

If the trader and you can't agree to a solution, you can take action through the court. Your case officer will tell you about your options.
Civil claims aren't as difficult as some court actions but it can still be stressful and take up your time. Getting independent legal advice, before lodging a claim, can help you decide whether to take the matter further.

Civil Claims on the Courts Administration Authority website guides you through each step of formal legal action.


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