Clients of Melbourne builder MJ Harris Group lose life savings as company goes bust

Builder Mike Harris was persuasive.

In March last year, he told Tony* and his wife that if they wanted their major renovation to get underway, they needed to pay $140,000 in costs outside their contract so he could quickly buy building supplies.


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MJ Harris Group was run by Diamond Creek painter Mike Harris. (MJ Harris Group)


"He really, really led us to believe that it was critical to lock in prices for those materials and to lock in trades and timing, which was exciting for us at the time," Tony said.


Mr Harris assured them the job would be "done by the end of last year", Tony said.

But when the ABC visited the couple's Melbourne property last week, Tony was standing in a gutted house littered with construction debris and the back half ripped off — a skeleton of the planned two-storey rear extension jutting into the sky.

Tony said Mr Harris's company, MJ Harris group, only bought $900 worth of supplies.

He regrets signing with the company and paying the money.

"It's been the single-handed most devastating event in our entire lives so far," he said.
"We are hanging on by a thread and we are now unfortunately in a position where we can't afford to finish our dream home that we've spent years and years planning for and building.

"So yeah, it's been very tough."


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Tony has told the ABC he regrets signing with MJ Harris Group. (ABC News: Patrick Rocca)


The couple are among more than a dozen customers of MJ Harris Group — a building company run by Diamond Creek painter Mike Harris in Melbourne's outer north-east — who have been left significantly out of pocket since the company went into administration last week.

Many are furious that the company was able to trade for as long as it did, despite massive debts, many unfinished projects, court orders against it for unpaid wages and complaints to building regulators.


No building licence​

Tony and his partner have severed ties with Mr Harris. The couple's renovation has been taken over by another builder.

This builder's licence number was on official paperwork for the job, but incorrectly attributed to MJ Harris Group.

The couple didn't realise when they signed up with MJ Harris Group that Mr Harris didn't have a building licence.


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The back half of Tony's house has been demolished and the site is littered with construction debris. (ABC News: Patrick Rocca)


"We only found out that he wasn't a registered builder after we'd signed the contract," Tony said.

The regulator, the Building and Plumbing Commission, said neither Mr Harris nor MJ Harris Group had ever been registered as a builder in Victoria.

"The BPC is investigating allegations that Michael J. Harris undertook building work without being registered in circumstances when registration was required," a spokesperson said.

But the project remains in limbo as the couple struggle to come up with the money needed to finish it off and face problems with the plans that mean fresh planning approval might be needed.


Customers chase Harris leading to collapse​

Rebecca* signed up with MJ Harris Group to design a major home renovation in July last year.

She said Mr Harris struck her as "very engaging [and] really high energy".

"I thought, 'This guy is on the same page as me. He is excited by his work. He knows his work.'"

She made payments totalling $25,000 on the $32,000 contract.


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Clients expressed frustration at the difficulty of enforcing orders made against the likes of Mike Harris. (ABC News: Patrick Rocca)


But she was surprised to get a bill from the company on December 17 — just a couple of weeks after she had paid one that she had been expecting.

The parties agreed to delay the payment until the new year.

But just after Christmas, two more invoices for the same amount arrived in short succession.

In retrospect, Rebecca thinks this shows "how desperate he was".

"I did feel pretty pressured and getting a fair bit of anxiety over it and I buckled to them,’ she said.
"I did feel like there was a sense of urgency."

She said another red flag was that she could not reach anyone at MJ Harris when it reopened in the new year, after the holiday break.

"[Mr Harris] finally answered my call. He said the girl working on interior design had left and he had already allocated a new girl to work on it," she said.

By May, she was still waiting on engineering work and made a complaint to Domestic Building Dispute Resolution Victoria (DBDRV).


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Tony says he fears the money he and his partner paid to MJ Harris Group is gone for good. (ABC News: Patrick Rocca)


She told the ABC that DBDRV indicated that Mr Harris was unlikely to attend conciliation meetings, so she took her complaint to the Victorian Civil and Administrative Appeals Tribunal in July.

A directions hearing is scheduled for mid-December — but in the meantime, MJ Harris Group has gone bust.

All Rebecca has to show for her $25,000 are some concept drawings and a 3D design file.

"I have nothing I can take to a builder," she said.
"I feel the building industry has far too many loopholes."


Paying for work that was never done​

The ABC has spoken to more than half a dozen MJ Harris Group customers who have similar stories about paying the company for work that was never done.

Another customer, Isabella Gualtieri, also took her dispute to the DBDRV without success.

She and her husband hired MJ Harris Group to renovate their home in Melbourne's north last April.

They paid $12,700 up-front and another instalment of $6,300 in December after receiving preliminary drawings.

But no work was done and, in May this year, the couple learned that two of Mr Harris's previous companies, MJ Harris Carpentry and MJ Harris Painting, had gone into administration.

"Mike later admitted this but reassured us our project would continue under his 'downsized' business," Ms Gualtieri said in her statement to DBDRV.

The carpentry business alone owed customers, suppliers and staff more than $6 million and had assets worth just $160,000, a report to creditors shows.

Mr Harris agreed to pay about $115,000 to clear the debts in a deal that would have delivered creditors about two cents in the dollar.


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Two of Mike Harris’s previous companies, MJ Harris Carpentry and MJ Harris Painting, had gone into administration. (ABC News: Patrick Rocca)


But he failed to make the payments and the companies were liquidated.

The vast bulk of the multi-million-dollar figure was owed to the Australian Taxation Office (ATO) for unpaid taxes and superannuation.

The money remained owing despite an earlier agreement by Mr Harris that he personally was on the hook for the debt.

To resolve County Court proceedings against him in November last year, Mr Harris agreed to orders stating he was liable for $4.4 million in tax and superannuation owed by the two companies from as long ago as 2020.

Rebecca said the ATO should have done more to collect its money from Mr Harris.

"I'm angry at ATO for letting him off the hook — that is pretty crap to everyone who pays taxes," she said.

The ATO declined to comment.


Staff 'couldn't afford groceries'​

Staff at Mr Harris's businesses have also been left unpaid.

The ABC is aware of three workers who have taken legal action over unpaid wages and entitlements.

One of them, videographer Michael Potts, is owed $18,300.


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Videographer Michael Potts said he was still owed money.


The Magistrates Court has ordered MJ Harris Group to pay him the money but he told the ABC the company had not done so.

"It's extremely distressing because it's like you're going to a job that you're working 40 hours a week, and you're kind of just hoping that you're going to get paid," Mr Potts said.
"I couldn't afford to buy groceries. I couldn't pay my bills on time. I'm having to borrow money off my family."

Two other workers took Mr Harris's companies to the Federal Circuit Court over unpaid wages.

In one case, MJ Harris Carpentry was ordered to pay $9,500, while the other claim, for $18,000 against MJ Harris Group, was still on foot when the company collapsed last week.

Mr Harris provided a statement through his lawyer, Monica Allen of Blackbay Lawyers.

He blamed the "unprecedented pressures" of the COVID-19 pandemic for the business' woes.

"Despite our best efforts, the business was ultimately unable to recover," he said.

"I am deeply sorry for the hardship this has caused to staff, clients and their families. I know the impact has been devastating for many, and that is something I carry heavily."


Money gone for good, clients say​

Now that it is in liquidation, workers owed money by MJ Harris Group have a chance to get some of what they are owed back through the federal government's Fair Entitlements Guarantee scheme.

But for suppliers and clients, the prospects are far less positive.

The clients the ABC spoke to expressed frustration at a slow legal system where it is hard to enforce orders made against the likes of Mr Harris and his companies.


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Tony says his house is now a skeleton of the planned two-storey rear extension. (ABC News: Patrick Rocca)


Building law expert Matthew Bell, an associate professor of law at the University of Melbourne, told the ABC there was "a real access to justice issue when it comes to domestic building work".

He said disputes could be very complex and legal costs could quickly mount, raising the question of whether it was "worth it to throw good money after bad".

"Building a home or renovating a home is one of the biggest investments that we might ever make and yet we often don't have the same level of consumer protection we might have if we're buying a car or for that matter, even buying a toaster," he said.

Standing in the ruins of his dream home, Tony told the ABC the money he and his partner paid to MJ Harris Group was gone for good.

"At this point in time, we're not expecting to see any of our money back. We'd be really hopeful to see even five or 10 cents in the dollar."

* Names have been changed.

Written by Elise Kinsella and Ben Butler, ABC News.
 

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These SLIMEBAGS need to caught & made pay back all the monies they have jilted from innocent customers.

Unfortunately, they claim bankruptcy, then start a new business with a new name & start over again.

More investigations should be done before anyone can start these type of businesses.
 
No checks done by Council on Development Application? Illustrious enterprises such as Master Builders handing out more awards to members too busy to get involved? Building insurance checks not done? Engineers Certification, CFMEU kickbacks? Building anything in Australia involves a lot of fingers in the pie before the first nail is driven and none hold any responsibility.
 
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So many people get caught out paying up front costs. Which are totally illegal.
A builder is not allowed to take more than 6.5% of the contracted amount as a deposit.
More publicity of this fact is required as most people are not aware of this.
A friend of mine paid 50% up front for a new large patio area. I had already told her that she shouldn't pay any more than the 6.5% but she said he wouldn't do the job without the 50% deposit
That should have been a red flag.
A few weeks later I was having a coffee at her place when she told me that she had just made a progress payment.
I knew she wasn't the sharpest knife in the drawer but, progress payment???, the materials hadn't even been delivered .
I don't know what progress she thought she was paying for.
A month later still nothing and then she was advised the company had gone into liquidation. She lost all her money.
Six months later this guy was up and running agsin, with a new business name.
 
So many people get caught out paying up front costs. Which are totally illegal.
A builder is not allowed to take more than 6.5% of the contracted amount as a deposit.
More publicity of this fact is required as most people are not aware of this.
A friend of mine paid 50% up front for a new large patio area. I had already told her that she shouldn't pay any more than the 6.5% but she said he wouldn't do the job without the 50% deposit
That should have been a red flag.
A few weeks later I was having a coffee at her place when she told me that she had just made a progress payment.
I knew she wasn't the sharpest knife in the drawer but, progress payment???, the materials hadn't even been delivered .
I don't know what progress she thought she was paying for.
A month later still nothing and then she was advised the company had gone into liquidation. She lost all her money.
Six months later this guy was up and running agsin, with a new business name.
Building laws including bankruptcy must be full of loopholes for this to go on… Governments must be made accountable for allowing this to happen. Why aren’t State & Federal MP’s not asking these Q’s on the floor of Parliament?
 
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I remember my uncle (who was personal bodyguard to Gough) paying upfront for a swimming pool. A week or two past start date and phone calls…nothing. So he went around to the pool builders house, unbuttoned his suit coat under which he had a handgun in a slip on your belt holster. As he was talking to the bloke he casually pulled back the suit coat to reveal the gun.
The pool was started the next day.
 
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Building laws including bankruptcy must be full of loopholes for this to go on… Governments must be made accountable for allowing this to happen.
Building laws are full of loopholes. Regulators are allowing known criminals to trade without a black mark on their record, and then assisting them (deliberately or otherwise) to close down to avoid accountability when they have taken millions from unsuspecting clients and delivered nothing.
The whole industry is a complete disaster. It needs major reform.
In Queensland, someone with no qualifications can start a building company and appoint anyone with a building license as the 'licensee'. That person need have nothing to do with the company ever. The company can then take deposits from unsuspecting clients, then close down and NOBODY is held to account and the client can't sue a company that has shut down. It's a total farce. No wonder there is a housing crisis!
 
Building laws including bankruptcy must be full of loopholes for this to go on… Governments must be made accountable for allowing this to happen.
It has been going on for years. These people put assets in their wife's name, etc so they can keep their big home, flashy cars, etc. But in most cases that is not even necessary because it is the actual business that goes broke not the actual owner personally.
Having been in the renovation business for many years I always felt that unless you had capital behind you, to back up your business, then you shouldn't be in business.
We always paid cash for all materials and we never asked for a deposit at all. We gave people a starting date, a fixed quote for the job which Included a contingency amount for any unexpected events and a finishing date. The contingency amount was always deducted if there were no unexpected problems with the job.
We had an excellent reputation and even when work was slow in the trade we were akways busy.
There are too many fly-by-nighters in the building trade. People need to be very careful when choosing a builder or any trade for that matter. Best to get recommendations from family or friends.

We never advertised. All our work came from word of mouth recommendations.
 
This is happening all over Australia, and nobody seems to care. Regulators are useless and don't care. ASIC confirmed over 900 builders traded insolvent in one year and did NOTHING .These 'builders', in some states, don't even have to be builders at all, but just nominate a 'licensee' who has nothing to do with the company and no liability!. They trade insolvent, steal from clients, deliver nothing, transfer all their income to relatives' personal accounts, then shut down and walk away with huge profits and no penalty whatsoever. The clients can't sue because the company is gone. The criminal builder goes and starts another company. They are ruining the lives of thousands and stealing millions.
Why is nothing being done? Most victims can't even get exposure to warn others, much less get media attention to drive demands for reform.
 
It's happening more and more, not enough accountability anymore. Doesn't matter if it's a dress shop or a building company if you can't pay your bills you shouldn't be allowed to trade.
 
It's happening more and more, not enough accountability anymore. Doesn't matter if it's a dress shop or a building company if you can't pay your bills you shouldn't be allowed to trade.
Totally agree also that wages have been paid and the workers superannuation. As I said to an apprentice who was owed $1000’s in overtime ‘ we’ll go around to his house and ask his wife for the keys to the BMW parked out front next to the 4X4 and boat until he paid up’ … but he got frightened re his apprenticeship & job.
 
Building laws are full of loopholes. Regulators are allowing known criminals to trade without a black mark on their record, and then assisting them (deliberately or otherwise) to close down to avoid accountability when they have taken millions from unsuspecting clients and delivered nothing.
The whole industry is a complete disaster. It needs major reform.
In Queensland, someone with no qualifications can start a building company and appoint anyone with a building license as the 'licensee'. That person need have nothing to do with the company ever. The company can then take deposits from unsuspecting clients, then close down and NOBODY is held to account and the client can't sue a company that has shut down. It's a total farce. No wonder there is a housing crisis!
I owned a new unit in Sydney where the Electricity & meter room blew up causing over $500000 damage. The builder immediately retired and cancelled his licence and went into voluntary liquidation after moving assets. The unit owners paid to have his licence renewed so that building insurance would cover the costs + another $1M for other rectifications in the 39 units… a long process.
 
  • Wow
Reactions: HelenB55
I remember my uncle (who was personal bodyguard to Gough) paying upfront for a swimming pool. A week or two past start date and phone calls…nothing. So he went around to the pool builders house, unbuttoned his suit coat under which he had a handgun in a slip on your belt holster. As he was talking to the bloke he casually pulled back the suit coat to reveal the gun.
The pool was started the next day.
He could have gone to jail for intimidation by doing that.
 
  • Wow
Reactions: HelenB55
It's happening more and more, not enough accountability anymore. Doesn't matter if it's a dress shop or a building company if you can't pay your bills you shouldn't be allowed to trade.
I used to have my own business back in the 80s. I manufactured baby Manchester, such as cot quilt sets, bassinet sets, sheets, etc.
It was never my intention, I was actually working as executive assistant to the human resources manager of a large mining company.
I made a quilt, in the shape of a teddy bear, for a friend. A guy who owned a well known baby shop saw it and contacted me and asked if I would make some for him.
Somehow or other ten years later I had agents in every state, a factory with machinists and also a lot of people who worked from home.
The worst part of this business was chasing my money owed to me. Baby shops had quite a large failure rating.
They all run 30 day accounts but hardly anyone would pay on time, the bigger the shop the longer they took to pay.
I lost track of how many shops actually went broke, one baby chain with 5 stores went under owing me $30,000.
Just prior to going under they took all their suppliers on a Swan River cruise Xmas Party. I would rather have been paid.
Eventually I gave up. You get tired of throwing good money after bad. And that was the end of Cute'n'Cuddly.
When I met my husband we started our renovation business, which was such a change. Never had to chase anyone for money, everybody paid in full on completion.
When all these dress shops, etc go under, they set off a chain. In a lot of cases their suppliers go under as well, which means their employees loose their jobs as well.
 
I have never, ever paid for any job up front.
If they ask for the dough before the job, tell them to "Fuck" off because they don't have the means to do the job, &, more likely incapable of doing the same.

It's all one huge almighty scam by "Supposedly" whoever.

Unfortunately, people NEVER LEARN, or, recognise the RED FLAGS.
 
I remember my uncle (who was personal bodyguard to Gough) paying upfront for a swimming pool. A week or two past start date and phone calls…nothing. So he went around to the pool builders house, unbuttoned his suit coat under which he had a handgun in a slip on your belt holster. As he was talking to the bloke he casually pulled back the suit coat to reveal the gun.
The pool was started the next day.
Ah haha! “For justice, we must go to Don Corleone”. (The Godfather)
Leave the gun - take the cannoli!
 

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