Hi there. In Victoria building works like the ones you describe are governed by the Domestic Building Contracts Act 1995. This act applies to all renovation, alteration, extension, improvement or repair of a home.

This act provides that certain warranties are implied into every building contract. These warranties place the following obligations on your builder:

• the work will be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
  
• all materials to be supplied by the builder for use in the work will be good and suitable for the purpose for which they are used;
  
• the work will be carried out in accordance with all laws and legal requirements including the Building Act 1993;
  
• the builder warrants that the work will be carried out with reasonable care and skill and will be completed by the date specified by the contract;
  
• the home will be suitable for occupation at the time the work is completed;
  
• the work and any material used in carrying out the work will be reasonably fit for the purpose it was intended for.

If a builder does not comply with these obligations, you have the right to ask them to fix the relevant defects. You asked your builder to fix the defects in the work, which he did by patching the cracks. It sounds as though the builder you engaged has been co-operative in trying to remedy the issues. However, you want to know what you can do in the future if your builder does not continue to assist in remedying the cracks in the walls.

You will have to show that the cracks are the result of your builder’s poor workmanship. If it turns out that there is some other cause (such as a new water leak from some another source) then you cannot legally require your builder to remedy it. If however the cracks can be shown to be the builder’s fault you are within your rights to ask him to come back and fix them. If he refuses to remedy the issue you can file a claim in the Victorian Civil and Administrative tribunal (VCAT). If VCAT makes an order in your favour but he refuses to remedy the breach, you may be eligible for compensation from your domestic building insurance (up to $200,000). This building insurance protects consumers from builders who refuse to fulfil their obligations.

Under the Building Act 1993 your builder was required to take out insurance if the project was for more than $12,000. Your builder is required to provide you with a copy of the policy he has taken out. One of the objectives of domestic building insurance is to cover you for loss if the work to your property is defective and your builder is failing to comply with a VCAT order for them to fix it. Domestic building insurance covers costs up to $200,000 to fix structural defects for six years, and non-structural defects for two years. The six year limit refers to defects which have manifested themselves within that time. You will have to show that the entire problem with the cracks existed within six years of the renovation.