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Building & construction · Deposits

Builder took your deposit and didn’t do the work?

If a builder has taken your deposit or a progress payment and walked off the job, stopped work, or never really started, you have options. In Victoria a domestic building deposit is capped by law — generally 5% of the contract price for contracts of $20,000 or more (10% for smaller contracts). We help you demand your money back and hold the builder to the contract.

Part of our Building & construction practice.

How we help

What we help with

The process

How it works

Review your contract & payments

We check the contract, the deposit cap, and exactly what you’ve paid versus what was done.

Formal letter of demand

A firm, lawyer-drafted demand for your money back or for work to resume — often enough on its own.

Escalate via DBDRV or VCAT

Domestic Building Dispute Resolution Victoria (free conciliation) and then VCAT if it isn’t resolved.

Common questions

Good to know

What’s the maximum deposit a builder can take in Victoria?

For a domestic building contract, the deposit is generally limited to 5% where the contract price is $20,000 or more, and 10% where it is under $20,000. A deposit above the cap may be recoverable — get advice on your contract.

My builder took the money and vanished — what can I do?

Start with a formal demand, then Domestic Building Dispute Resolution Victoria (DBDRV) conciliation, and VCAT if needed. If the builder is insolvent, a Domestic Building Insurance claim through VMIA may also be available. We can guide the fastest path.

General information only — for advice about your situation, get a free quote or book a consult.

Get your deposit back — or the work finished.

Speak with an experienced Victorian building lawyer — book online, or call us 7 days.