A tradie has done bad work and won't fix it. What now?

The temptation is to stop paying and start arguing. That is usually the weaker position. The path that works runs through documentation and a defined escalation, and each step you skip weakens the next one.

Step 1, document, in writing

• Photograph everything, with dates.
• Write out what was agreed, what was delivered, and the gap between them.
• Send it to the business in writing, email is fine and is better than a phone call because it creates a record.
• State what you want done and by when. Be specific and be reasonable.

Step 2, allow a real chance to remedy

For anything short of a major failure, the business is entitled to an opportunity to fix it. Refusing that opportunity can cost you at the tribunal, even where the underlying complaint is sound.

Step 3. The regulator

Every state has a consumer affairs or fair trading body that offers free conciliation, and residential building work generally has a dedicated building dispute body as well. This is free, it is designed for exactly this, and a great many disputes end here.

Step 4. The tribunal

Each state's civil and administrative tribunal hears consumer and building disputes on a low-cost basis without requiring lawyers. Time limits apply, which is one reason not to let a dispute drift for a year while you hope it resolves.

Two things worth knowing

• Withholding the entire final payment as leverage is risky. Withholding an amount proportionate to the defect is a much more defensible position.
• If the business is insolvent or has disappeared, statutory warranty insurance is the route for residential building work, which is why checking it exists before you sign matters so much.