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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteIf your builder has stopped work, vanished or appears insolvent, treat the situation as urgent but do not assume that silence or delay proves bankruptcy. Preserve every record, document the site, check the builder’s legal status, notify your state building regulator and the insurer named on your cover, and confirm the scheme’s trigger and deadlines before paying another contractor to finish.
Do these things first
1. Freeze the evidence
Create a dated project file in two places (for example, cloud storage and an external drive). Keep the signed building contract, every variation, invoices, receipts, bank statements, progress claims, payment schedules, emails, text messages and letters. Add planning and building approvals, inspection reports, engineer or certifier records, the builder’s licence details, and the insurance certificate or notice of cover.
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Photograph and video every room, elevation, service, material and unfinished item. Include wide shots that show the whole site and close-ups of defects, exposed wiring, weather damage, water entry, missing barriers and stored materials. Enable date and location data where possible, and keep the original files. Write a short site diary recording when work stopped, who was present, what remained incomplete and every attempt to contact the builder.
Queensland Building and Construction Commission (QBCC) guidance specifically recommends preserving contracts, communications and relevant documents. NSW Civil and Administrative Tribunal (NCAT) lists contracts, insurance certificates, correspondence, building reports and licence details as potentially relevant evidence. Do not discard damaged materials or demolish defective work before an insurer, regulator or qualified expert has had a reasonable opportunity to inspect, unless an immediate safety emergency requires it.
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2. Protect people and the property
Keep children, visitors and trades away from unsafe areas. If there are exposed electrical conductors, unstable structures, open excavations, missing temporary fencing, gas or water leaks, arrange urgent advice from the relevant emergency service or a licensed professional. Tell your home insurer about damage or security risks under that policy. Document emergency work and retain invoices.
Do not assume you may change locks, remove materials, take possession of a site, or start replacement work. Your contract may control access and ownership, and an insolvency practitioner may have rights over company property. Unauthorised action can affect an insurance claim, a debt claim or evidence of the original work. Obtain legal and safety advice before entering a disputed site or altering it.
3. Send a written status request
Email and post a factual notice to every address in the contract and on the builder’s licence or invoices. State the dates work stopped, list urgent defects or hazards, ask whether the builder is continuing, and request a response by a short, reasonable deadline. Keep delivery confirmations and returned-mail envelopes. Avoid accusing the builder of fraud or insolvency unless an official record confirms it.
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Work out whether the builder is insolvent
Warning signs are not proof
A sudden stoppage, workers leaving, removal of temporary fencing, an inaccessible website, complaints of unpaid subcontractors, inconsistent trades, missed milestones or a breakdown in communication can indicate financial distress. QBCC identifies these as warning signs, not confirmation that a builder is bankrupt or a company is in liquidation. A dispute, illness, licensing problem or cash-flow delay can produce similar symptoms.
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Check the correct register
The business structure determines where to search. A sole trader or partnership may appear in the Australian Financial Security Authority (AFSA) Bankruptcy Register. A company’s status and external administrator appointments are recorded by the Australian Securities and Investments Commission (ASIC). If you cannot tell whether you contracted with an individual, partnership or company, check both and compare the legal name and Australian Business Number on your contract and invoices.
Use your own state or territory building regulator to confirm any local licence suspension, cancellation or disciplinary action. If a liquidator, administrator, receiver or bankruptcy trustee is appointed, contact that practitioner promptly. Explain that you are a homeowner with a building contract and ask how to lodge a proof of debt, obtain site information and protect your rights. An insolvency practitioner may not know that you are a creditor.
If no register yet shows an event, keep monitoring it and seek legal and financial advice rather than declaring the builder insolvent. The absence of an entry does not prove the business is solvent, but it may mean that an insurance trigger has not yet occurred.
Notify the regulator and the insurer named on your cover
Call your state building regulator and the insurer shown on the actual certificate or notice of cover. Follow the call with written notification. Ask four specific questions:
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- What event has occurred or must occur before a claim can be accepted?
- What documents, reports and photographs are required?
- Must you wait for formal bankruptcy, liquidation, disappearance or licence action?
- What notification, claim and dispute deadlines apply, and from which date are they measured?
Notify promptly even when you are unsure whether the policy responds. Legal Aid NSW advises notifying a NSW home-building compensation (HBC) insurer in writing as soon as the problem is known, even if the insurer will act only after the builder cannot fix or pay for the work. Do not assume that an insurer’s acknowledgement is acceptance of liability.
How the main state schemes differ
Australia has no single national builder-failure compensation scheme. Eligibility depends on the project’s location, contract date, work type, contract value, certificate, triggering event, exclusions, cap and deadlines.
| Jurisdiction | Current points to verify | Known trigger or limit | First contact |
|---|---|---|---|
| New South Wales | HBC certificate, contract value, event and policy deadlines | For contracts of $20,000 or more, NSW Government guidance updated 1 September 2026 says the builder must provide a certificate before work and must not request payment before cover is in place. Maximum pre-work deposit is 10%. | State building regulator, HBC insurer and (where relevant) NSW Fair Trading |
| Victoria | Contract-signing date and whether you hold Domestic Building Insurance or a Home Warranty Notice of Cover | Building and Plumbing Commission says Domestic Building Insurance may apply to contracts signed before 1 July 2026; Home Warranty may apply to eligible domestic building work above $20,000 for contracts signed on or after 1 July 2026. | Building and Plumbing Commission and the insurer named on the certificate or notice |
| Queensland | Fixed-price contract, cover notice, event and strict claim dates | QBCC’s fact sheet effective September 2024 describes compulsory Queensland Home Warranty Scheme cover for residential construction above $3,300, with cover up to $200,000 or $300,000 if additional cover was selected. | QBCC, the insurer or scheme contact and any appointed insolvency practitioner |
| ACT, Northern Territory, South Australia, Tasmania and Western Australia | Current equivalent scheme, insurer, thresholds, triggers and deadlines were not established in the material available here. | Do not import another state’s rules. | Your local building regulator and the insurer on your certificate or notice |
New South Wales: HBC and dispute steps
NSW Government guidance updated 1 September 2026 describes HBC cover as last-resort protection when a builder cannot complete work or rectify defects because of insolvency, death, disappearance or certain licence suspensions. For contracts valued at $20,000 or more, the builder must provide a certificate of cover and must not request payment before cover is in place. The same guidance states that the maximum deposit before work commences is 10%; unauthorised or early progress payments may affect recovery. Upfront plans or pre-contract work may generally fall outside HBC cover.
Use the State Insurance Regulatory Authority’s HBC Check to verify whether a certificate exists, then notify the insurer in writing. Ask whether your loss is a completion claim, a rectification claim or outside the policy, and obtain the answer and any deadline in writing.
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NSW home-building disputes generally must first be referred to NSW Fair Trading before an NCAT application. NCAT identifies exceptions that include claims against companies or individuals in administration, liquidation or bankruptcy. Time limits vary, so confirm the applicable period before relying on the ordinary referral sequence. Provide your contract, variations, insurance documents, correspondence, licence details and an independent building report where requested.
Victoria: check the contract-date transition
The Victorian Building and Plumbing Commission says the available help depends on when the contract was signed and what insurance exists. Domestic Building Insurance may apply to contracts signed before 1 July 2026. For contracts signed on or after 1 July 2026, Home Warranty may apply to eligible domestic building work valued above $20,000. Locate the Domestic Building Insurance certificate or Home Warranty Notice of Cover in your records. If it is missing or the transition is unclear, contact the Commission and insurer before assuming the work is protected.
Give the insurer a precise chronology, current site photographs, payment evidence and a schedule of unfinished and defective work. Ask whether the policy covers completion, defects, or both, and whether an inspection or formal builder event is required.
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Queensland: published eligibility is highly specific
QBCC’s consumer fact sheet effective September 2024 describes Queensland Home Warranty Scheme cover as compulsory for residential construction work valued above $3,300. QBCC sends a Notice of Cover when cover is taken out. The fact sheet states a limit of up to $200,000, or $300,000 where additional cover was selected.
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For a non-completion claim, that fact sheet lists all of the following conditions: a fixed-price contract; contractor bankruptcy or liquidation and licence cancellation; the contract ending within two years of work starting; and a claim filed within three months of contract end. Individual unfinished items after practical completion use a defective-work process instead. Because these details come from a September 2024 publication, verify the current rule and deadline directly with QBCC before relying on them or signing major completion commitments.
Prepare a claim and a realistic completion plan
Separate the work into categories
Make three schedules: work never started, work started but incomplete, and work completed but defective. Add contract price, variations, amounts paid, certified progress, materials on site and estimated cost to finish or rectify. A suitably qualified independent building consultant can document the condition and produce a scope for competitive quotations. Tell the consultant not to disturb evidence unnecessarily.
Get approval before committing money
Ask the insurer whether you must use an approved builder, obtain multiple quotations, or wait for an assessor. A replacement builder’s quotation should distinguish completion, rectification, compliance upgrades and owner-requested changes. Keep tax invoices and proof of payment. Do not treat an insurer’s request for a quotation as a promise to reimburse it.
Understand what may not be covered
Policies can exclude certain contract types, pre-contract services, unauthorised variations, early payments, upgrades, consequential losses or work outside the insured scope. Caps and excesses may apply. A claim may pay only reasonable completion or rectification costs, not every financial loss caused by delay, rent, finance or redesign. Obtain a written coverage position before spending beyond urgent safety work.
Choose the right legal and dispute pathway
Use the regulator’s complaint or assistance process for licensing and scheme questions, the insurer’s claims process for insured loss, and the insolvency practitioner for creditor information. A building lawyer can assess termination notices, repudiation, ownership of materials, security of payment, proof-of-debt forms and limitation periods. QBCC expressly recommends formal legal, financial or other specialist advice before taking action covered by its guide.
Do not copy NSW’s Fair Trading-to-NCAT sequence in another jurisdiction. Each state and territory sets its own tribunal, regulator and pre-action requirements. Even within NSW, insolvency proceedings can create exceptions to the usual Fair Trading referral. Record every notification date because a dispute or insurance deadline may run from contract termination, discovery of the problem, practical completion or another defined event.
Practical checklist before you appoint a new builder
- Save the contract, variations, payment records, correspondence, approvals, reports, cover documents and original photographs.
- Confirm who legally contracted with you and search the relevant insolvency and company registers.
- Notify the state regulator, insurer and any insolvency practitioner in writing.
- Ask for the trigger, evidence list, inspection process, cap, exclusions and every deadline.
- Secure hazards without destroying evidence, and obtain advice about access and stored materials.
- Commission an independent condition and completion assessment if the insurer or dispute body requires it.
- Obtain a written coverage position before signing a substantial completion contract.
- Track claim, complaint, tribunal and limitation dates in a single calendar with reminders.
A builder who has stopped work may be insolvent, but abandonment alone does not establish that fact or automatically create an insurance claim. The safest course is a documented, regulator-led process: preserve the evidence, verify the legal event, notify the actual insurer, and confirm the rules for the state and contract date before deciding how to finish the build.
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