Builder gone into liquidation

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Forums Building defects Builder gone into liquidation

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  • #398603

    Hi Amanda,

    The builder of our apartment building has gone into liquidation. Our apartment building is over 5 years old and more than 3 stories high. Before the builder went into liquidation, we have already informed the builder of defects to our buildings and had to commission another defects report to pick up additional defects.

    1) What are our legal rights with regards to making a claim for defects made known to the builder and do we have any rights for defects that we have found after the builder has gone into liquidation

    2) please advice what are our legal options

    3) If some of the defects are major, should we focus on fixing them ourselves first then made a claim? What are the chances of any funds available after a builder has gone into liquidation?


    Amanda Farmer

    Hi Homia,

    First and most importantly: please obtain legal advice specific to your situation. Defects matters can be unique in their circumstances, so please do not rely on what I may say in this Forum.

    Having said that, if the builder has gone into liquidation it’s possible, if not likely, that you’re on your own: there is no company in operation that you can sue. There is probably no insurance policy for you to rely on because the building is more than 3 stories high.

    Please consult a lawyer for advice on your legal options. 



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