The latest home builder to collapse in WA, Builton, has left 130 homeowners with unfinished homes. Its home indemnity insurer, QBE, has warned homeowners not to make any further progress payments under their home building contracts with Builton without first seeking legal advice: https://thewest.com.au/business/commercial-property/insurers-warning-for-builton-homeowners-ng-b88368972z

HHG Legal Group routinely gives this advice which, following the recent spate of home builder insolvencies, is needed now more than ever.

If your home was being built by Builton when it collapsed, you will need advice about:

  • your rights under Builton's home indemnity insurance policy with QBE;
  • whether you need to pay unpaid invoices;
  • whether you can claim back progress payments already paid;
  • what other claims you can lodge with Builton's liquidator;
  • whether and how you can engage a new builder to complete the build;
  • whether and how you can engage subcontractors on site to finish the work they have started;
  • how to protect yourself against any payment claims that Builton's liquidator may make against you.

If you were a subcontractor doing work for Builton at the time of its collapse, you will need advice about:

  • taking back materials, plant and equipment left on a work site;
  • claiming payments from Builton's liquidator;
  • continuing the job you have started, under a contract with a new builder;
  • dealing directly with the owner on site; and
  • identifying and enforcing any security that may entitle you to be paid ahead of other creditors.

Delay may cause you to lose your rights so call HHG Legal Group's construction law experts, Murray Thornhill and Daniel Morris now on 9322 1966.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.