This article is for general information purposes only and reflects the state of information at the time of publication. It is not legal or financial advice. Always seek professional advice tailored to your specific circumstances before making decisions.
The excitement of building your home quickly fades when you realise it’s partially completed and your builder has turned into a ghost that can’t be contacted by a seance, let alone telephone.
The Landscape
The number of construction companies going into external administration is currently higher than it has been in 9 years, according to the Australian Financial Review. During the aftermath of the pandemic, builders faced pressure from supply chain issues and sub-contractors taking advantage of low labour supply to increase their prices.
The agreements that builders make are for the medium term, so their pricing of materials and labour must be static for them to maintain profit. Unfortunately, the current market means that builders have agreed to build houses for a certain price, and the cost of building that house is now more than the agreed price.
The result is that it is more economical for the builder to ‘ghost’ their client, rather than complete the build. If your builder has passed on to the other side and no longer contacts you, there are some things you can do to get back on track.
Take a Long-Term View
Much of the market problems have come from a lack of supply. This means that although in the short-term there will be turmoil, in the long term the value of homes will increase because of the reduced supply.
Also, while many builders fail, those that are left will be stronger companies that can provide more comfort around completing your project in a reasonable time and on the right budget.
Take Action Now
This situation can be incredibly frustrating and stressful, but it’s crucial to understand that you’re not alone. In Australia, there are mechanisms in place to protect homeowners in such unfortunate scenarios.
Understand Your Rights
As a homeowner, it’s essential to be aware of your rights and entitlements when your builder becomes insolvent. Get to know the relevant legislation and regulations in your state or territory. In NSW, protections and support for this situation are provided by iCare.
Contact the Insolvency Practitioner
When a builder becomes insolvent, an insolvency practitioner is usually appointed to handle the process. Make contact with the appointed practitioner to understand the situation, your rights, the status of the project, and steps being taken to resolve the issue.
Check Your Contract and Insurance
Review the construction contract you signed with the builder and assess provisions related to insolvency. Check whether you have relevant insurance coverage, such as Home Warranty Insurance or Deposit Insurance, which may offer financial protection.
Lodge a Claim
If your builder is insolvent, you may be eligible to lodge a claim with a relevant statutory authority or insurance scheme. Schemes such as Home Warranty Insurance and Residential Building Compensation Fund (RBCF) vary by state and territory. Consult the appropriate authority for claim process, documentation requirements, and deadlines.
Seek Legal Advice
Consult a qualified construction lawyer who specialises in building and construction disputes. A legal professional can provide tailored advice, review contracts, and guide you through making a claim or seeking compensation.
Communicate with Other Stakeholders
If you’re part of a larger development or community project, communicate with other affected homeowners. Sharing information, experiences, and resources can be invaluable during this challenging time.
Consider Alternative Options
In some cases, it may be necessary to engage a new builder to complete the construction of your home. Exercise caution when selecting a replacement builder: conduct thorough research, check references, ensure necessary licenses and insurances, and seek guidance from professionals such as architects or building consultants who can assess the current state of construction and advise on the best way forward.
