Master Builders Victoria (MBV) is calling for clarity around the resolution of potential disputes which may arise from the engineered stone ban which comes into effect today.

As of July 1, the Victorian Government has introduced new legislation which sees any work involving the manufacturing, supply, processing, or installation of engineered stone benchtops, panels, or slabs is prohibited, effective immediately.

The ban – which comes into effect with no transition period - aims to address health concerns related to crystalline silica dust released during the handling of engineered stone. However, repairs, minor adjustments, and removal of existing ‘legacy stone’ are still allowed.

Master Builders Victoria (MBV) CEO Michaela Lihou says while they understand why the ban has been introduced, the organisation does have concerns about disputes which may arise around existing contracts which include the use of engineered stone.

“Obviously the health and safety of everyone in our industry is of paramount concern, but with the introduction of this legislation, unfortunately we don’t have any clarity around how potential disputes will be resolved,” she says.

“For example, if there is a current contract which specifies the use of engineered stone – which understandably now can’t be used – what happens if there is a time or cost blowout in sourcing an acceptable alternative? Is it the builder or consumer who wears that cost?”

“We would have hoped for some clarity around this, particularly given there is no transition period for the change,” she says.

Ms Lihou says while a variation to a contract can be requested at any point by a consumer or builder, the challenge is that a consumer can choose to either accept or decline that variation and the cost incurred.

“Currently the Domestic Building Contracts Act doesn’t cite a legislative change as a prescribed reason for an allowable variation,” she says.

“So, our concern is that there may be circumstances where the variations to contracts, which will be forced by this legislation, will create disputes between our members and their clients for changes that are clearly outside the control of the builder,” she says.

“We call on all parties to work constructively to resolve any issues in a fair and equitable manner”.

Ms Lihou says in the face of a dispute, building owners and builders can apply to Domestic Building Dispute Resolution Victoria (DBDRV) in the hope of a resolution.          


Available for comment: MBV Acting CEO Tristan Moseley