From tears to hope: Couple's building nightmare finally has light at the end of the tunnel

Rain72 · 2025-09-16T07:49:55+1000

Not affected by a builder collapse, though the builder's subsequent collapse protected him from both civil law suits and action by the regulator on multiple complaints of fraud, extortion and other major breaches of law. Ironically, in Queensland, merely closing a building company exempts the builder from any consequences of even the most horrific criminal acts damaging clients. I am now working hard to try to get government to change that.

Many of the issues in the building industry (nationwide) are not related to supply or trade shortages or material costs, but rather to shocking regulatory failure and far too much power in the hands of the HIA, MBA and CMFEU, all of who are abusing their power to the detriment of clients of builders, influencing laws and regulatory conduct that wrongly favours builders and damages clients.

I urge anyone in Queensland impacted by or concerned about the state of the residential building industry, or struggling with a builder who is not complying with law and contract terms, to write to the State Minister for Housing demanding urgent reform of the QBCC. Specifically, demand that the rules regarding timing of defect remedies be changed to require defects to be remedied prior to progress of further works the defect might impact, and in a timely manner such that further works are not delayed unduly. (Currently the stupid rules apparently deny clients the right to demand defect remedy until after project completion - so if your slab or frame is defective, wait until the house is finished and then... what? Demolish it?)

Even more importantly, demand that the law be changed to require that all building contracts and general law make the Directors and the licensee of a building company PERSONALLY liable for all breaches of law and contract and all financial damages, and subject to the same penalties for serious crimes such as fraud and extortion as anyone outside the industry. A builder license and a contract should not protect anyone from the consequences of committing serious crime. (Currently, in Queensland, it does!). Demand removal of the company shield that currently denies clients the right to sue a builder who liquidates his company and protects that builder from regulatory actions.

And demand that the Government proceed with a recommendation made in a review of the QBCC some years ago and separate the administrative functions of builder licensing from owner insurance. There is currently a massive conflict of interests in that the assessors of an insurance claim are the same people who benefit from the builder holding a license and too often they favour the builder wrongfully to protect QBCC revenue.

mylittletibbies · 2025-09-16T10:28:55+1000

It is not only the shortage of contractors or the high cost of materials that are causing these problems
Many smaller builders while good at what they do, they are not so good when it comes to finances.
I know of three builders who declared bankruptcy due to the fact that they book up all their material's, owe sub contractors etc, but when payments come in they think this money is theirs. They go on expensive holidays, buy big expensive yank tank Ute's, jet skis, etc etc and before they know it they owe multi thousands of dollars that they don't have
The law should make these builders
PERSONALLY responsible for their debts. All their possessions should be seized and sold to pay subies and suppliers, including their own homes.
As the law stands they declare their business insolvent but can be sitting
on millions of personal assets that can't be touched. That is not right.

Gus · 2025-09-16T11:04:44+1000

When I read stories like this, I am so glad I worked in the building industry from apprentice to tradesman, to builder, to Clerk Of Works to Facility Manger for an international company all those years ago.

Macarj · 2025-09-16T11:21:50+1000

When we had our house built it was with a private builder not a company in 1995 we had a bricklayer double brick downstairs the main rooms family room Dining room lounge room kitchen hallway laundry and bathroom were all cement rendered The games room and the study we left as exposed brick I did the upstairs outside panels we couldn't have brick upstairs because of under ground mines all the internal work Staircase tiling windows my wife did all the painting I built all the bathrooms and built in wardrobes in the 5 bedrooms and a double door linen cupboard at the top of the stairs the house was started in October 1995 and we moved in to downstairs 1 year later then over the next year I did all the upstairs and the stair case all finished in 2.5 years

mylittletibbies · 2025-09-16T11:39:07+1000

Macarj said:
When we had our house built it was with a private builder not a company in 1995 we had a bricklayer double brick downstairs the main rooms family room Dining room lounge room kitchen hallway laundry and bathroom were all cement rendered The games room and the study we left as exposed brick I did the upstairs outside panels we couldn't have brick upstairs because of under ground mines all the internal work Staircase tiling windows my wife did all the painting I built all the bathrooms and built in wardrobes in the 5 bedrooms and a double door linen cupboard at the top of the stairs the house was started in October 1995 and we moved in to downstairs 1 year later then over the next year I did all the upstairs and the stair case all finished in 2.5 years

Great effort, you should be proud of yourself.
A basic 4x2 behind a home I recently sold had taken 5.5 years to complete. It would sit idle for months between different stages.

Rain72 · 2025-09-16T12:00:13+1000

mylittletibbies said:
It is not only the shortage of contractors or the high cost of materials that are causing these problems
Many smaller builders while good at what they do, they are not so good when it comes to finances.
I know of three builders who declared bankruptcy due to the fact that they book up all their material's, owe sub contractors etc, but when payments come in they think this money is theirs. They go on expensive holidays, buy big expensive yank tank Ute's, jet skis, etc etc and before they know it they owe multi thousands of dollars that they don't have
The law should make these builders
PERSONALLY responsible for their debts. All their possessions should be seized and sold to pay subies and suppliers, including their own homes.
As the law stands they declare their business insolvent but can be sitting
on millions of personal assets that can't be touched. That is not right.

Spot on. There's that company shield again. It is depriving honest people of what is rightfully theirs and benefiting people with profits that they are not entitled to.

Jennie · 2025-09-16T14:36:11+1000

mylittletibbies said:
It is not only the shortage of contractors or the high cost of materials that are causing these problems
Many smaller builders while good at what they do, they are not so good when it comes to finances.
I know of three builders who declared bankruptcy due to the fact that they book up all their material's, owe sub contractors etc, but when payments come in they think this money is theirs. They go on expensive holidays, buy big expensive yank tank Ute's, jet skis, etc etc and before they know it they owe multi thousands of dollars that they don't have
The law should make these builders
PERSONALLY responsible for their debts. All their possessions should be seized and sold to pay subies and suppliers, including their own homes.
As the law stands they declare their business insolvent but can be sitting
on millions of personal assets that can't be touched. That is not right.

Yes and put their home and possessions in the wife's name, that way nothing can be touched.

Wombat2u2004 · 2025-09-16T15:15:56+1000

Rain72 said:
Not affected by a builder collapse, though the builder's subsequent collapse protected him from both civil law suits and action by the regulator on multiple complaints of fraud, extortion and other major breaches of law. Ironically, in Queensland, merely closing a building company exempts the builder from any consequences of even the most horrific criminal acts damaging clients. I am now working hard to try to get government to change that.

Many of the issues in the building industry (nationwide) are not related to supply or trade shortages or material costs, but rather to shocking regulatory failure and far too much power in the hands of the HIA, MBA and CMFEU, all of who are abusing their power to the detriment of clients of builders, influencing laws and regulatory conduct that wrongly favours builders and damages clients.

I urge anyone in Queensland impacted by or concerned about the state of the residential building industry, or struggling with a builder who is not complying with law and contract terms, to write to the State Minister for Housing demanding urgent reform of the QBCC. Specifically, demand that the rules regarding timing of defect remedies be changed to require defects to be remedied prior to progress of further works the defect might impact, and in a timely manner such that further works are not delayed unduly. (Currently the stupid rules apparently deny clients the right to demand defect remedy until after project completion - so if your slab or frame is defective, wait until the house is finished and then... what? Demolish it?)

Even more importantly, demand that the law be changed to require that all building contracts and general law make the Directors and the licensee of a building company PERSONALLY liable for all breaches of law and contract and all financial damages, and subject to the same penalties for serious crimes such as fraud and extortion as anyone outside the industry. A builder license and a contract should not protect anyone from the consequences of committing serious crime. (Currently, in Queensland, it does!). Demand removal of the company shield that currently denies clients the right to sue a builder who liquidates his company and protects that builder from regulatory actions.

And demand that the Government proceed with a recommendation made in a review of the QBCC some years ago and separate the administrative functions of builder licensing from owner insurance. There is currently a massive conflict of interests in that the assessors of an insurance claim are the same people who benefit from the builder holding a license and too often they favour the builder wrongfully to protect QBCC revenue.

Very well said Rain72.
I was a builder in the Master Builders Association and eventually became one of their building consultants. I was sent to one house that had been completed by another MBA builder member, at the request of the house owner to the MBA, to conduct a Defect Inspection and report.
I found some 140 defects, some minor, some major, and some structural.
I sent the report to the MBA, who gave it to the builder.......LONG FACES.
At the next MBA Consultants Seminar, I was greeted by the MBA legal officer with a very long "If looks could kill" look.
Anyway, I wasn't about to let my professionalism drop in favour of an obvious OLD BOYS CLUB.
So after that, I went to work as a building consultant at the Olympic Village for 2 years and when I left there, I got out of the MBA.
I'm not sure what happened to the house after that. I guess the owner would have contacted the BLB or Dept of Fair Trading to have the building defects rectified under the insurance scheme that was necessary at the time to be purchased by the builder before the release of plans by the builder in NSW.

Wombat2u2004 · 2025-09-16T15:31:28+1000

Macarj said:
When we had our house built it was with a private builder not a company in 1995 we had a bricklayer double brick downstairs the main rooms family room Dining room lounge room kitchen hallway laundry and bathroom were all cement rendered The games room and the study we left as exposed brick I did the upstairs outside panels we couldn't have brick upstairs because of under ground mines all the internal work Staircase tiling windows my wife did all the painting I built all the bathrooms and built in wardrobes in the 5 bedrooms and a double door linen cupboard at the top of the stairs the house was started in October 1995 and we moved in to downstairs 1 year later then over the next year I did all the upstairs and the stair case all finished in 2.5 years.

Very well done to both of you Macaraj. That's the way to do it.
I built my first home in 1980 when I was a carpenter. I was working 5 days a week as an estimator at a Civil Engineering and Construction business, doing my Clerk of Works schooling at Granville Tech at night, so building my home on weekends. It was my baby.....took me 9 months.
Kings Langley in Sydney.
Land Cost $10,000
Home Costs $10,000 + $15,000 War Service Loan = $25,000
Mortgage payment $72.00 per month.
HOW THINGS HAVE CHANGED.

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