Qld builder liquidation - not paying suppliers leaving no form16

Hi,
I need some legal advise.
The builder went into liquidation leaving us with a 3/4 built house. Qbcc took over and now we have finished and moved in.
Because the builder didnt pay his suppliers i can not obtain a form16 for my frame and trusses.
Building engineers wont sign off others work, qbcc wont and cant help as they are a supplier.
Im sure im not the only person in qld or Australia whos been through this.

Any info would be greatly appreciated

 

In that case you should probably see a lawyer!

 

I have seen my solicitor... he gave me a few options to run down but they have all been dead ended

 

That seem strange. We deal with these all the time, I even got a 10 yr old build sorted for certification this week.

 

How can we do that? From my understanding is that the framing company wont realise the form16 upon payment. Ive already paid through our contract 'framing stage' . Ive also spoken to the liquidators and the case is finalised and all documents are out of reach.

Thanks for your reply ... it seems no one can help

 

I'd give @RPI a call . From the sounds of his last post it seems clear to me he may be able to.

 

The buck should stop with the QBCC since this is what the home owners warranty covers i.e. costs incurred if the builder goes into liquidation.

 

It seems the home warranty only covers defective and the cost to finish the home

 

How long are you keeping the property for?

If you are going to stay for 6/2 years then do you even need the inspections?

You have QBCC warranty insurance to cover that period. After that period is a buyer even going to ask or care?

 

Because they are not the only one who can give a form 16 for it.

There are lots of people that can help you, you need to ask the right ones. Although you have been wronged it is still going to cost you money to fix it.

I would estimate it will cost you somewhere in the order of $2-3k all up to resolve across slab, framing, glazing and waterproofing form 16's.

Have you asked the building certifier?

 

At this stage we are staying but the certifier is saying we need all form16s to get a form21 for our house to be approved through Ipswich city council. At this stage the council still thinks its a construction zone

 

Ask your certifier about alternatives. If they can't help then call other certifiers to see if they can.

 

Can you do a deal with the company that supplied the trusses?

 

Im still waiting on a price... they are owed alot of money...

 

Better they get something from you in exchange for the forms than nothing at all. I have been in a similar position and found most trades ok in this regard.

 

Yeah the tradies have been really good... but its the framing company are owed approx $35000

Ive asked whats is it going to cost to get my form16 but havent received a reply

 

If the truss company don't want to play ball (they are a victim in this just as much as you are), you could engage a registered engineer to provide the form for you.

Find out which system the truss manufacturer used - It'll be most likely Pryda, Mitek or Multinail. Their respective logos will be stamped in the nail plates. From there, contact their head office and they may be able to get one of their engineers to certify it for you.

There will be a cost involved however and it would be up to you to fight it out with your insurer as to who pays. At the very least it may get your house over the line.

 

Thanks... its steel frame and trusses. I know who the company was and yes they are asking alot of money for the forms16

 

This should have been resolved by now. If you are still paying your solicitor to resolve it then change solicitors. If your certifier hasn't told you how to fix it then change certifiers.

 

The problem is that the certifier wasn't told about the framing stage being complete... tje builder went ahead to the next stage with out the certifier..