Building Advice: Liquidation or Admimistration

Is your builder in liquidation or Administration? Where to from here?

If your builder collapses, we can provide you with specific guidance and information surrounding the appointment of a liquidator or administrator.

Insolvency practitioners DO NOT act in your interests (or the builders) during the liquidation process. It is important to understand your legal rights and not be led astray by incorrect assertions or representations by a liquidator or administrator. You must know your legal rights and assert your position.

If you are landowner, you may have received a Repudiation Notice. We can assist to answer specific questions about what to do moving forward.

We can assist with a range of issues resulting from a builder going insolvent:

For contractors, suppliers or landowners you will have a host of queries and legal issues that follow on after a builder goes into administration.

We can assist suppliers and contractors with information on:

• Access to building site for materials
• PPSR queries
• Corresponding with the liquidator/administrator
• Advice on Administration process & Deed of Company Arrangements
• Advice on Liquidation process

The most important first step to take in this process is to understand your rights and obligations in how to move forward diligently, to minimise, as best possible, any loss and damage.

For Landowners we can provide clarity on:

• Next steps you should take
• How/if to respond to Repudiation Notice or other correspondence by the liquidator/administrator
• VMIA claims QLD/NSW
• Finding and appointing a new builder

We will look to ensure landowners do not get taken advantage of by the relevant insurers, liquidators, builders or disgruntled subcontractors.

It is also important that you take steps to protect your property and assets and maintain communication with any relevant third parties such as insurance, lenders, or brokers.

We recommend not making any immediate or urgent decisions until you have obtained some specific legal advice and understanding, as there is often conflicting advice and opinions online, which may not be suitable to your circumstances or may also be incorrect.

We will provide clear guidance and advice on the important next steps in this insolvency process following a builder going bust.