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Let's Keep the Bastards Honest !!

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QBCC – Contracts

When do you need a QBCC contract? Click here to find out.

What's the first thing you should do when you receive a contract from a builder?

Read it!

Some Subcontractors get they solicitor to read the contract but if you feel confident, you can do it yourself to reduce the legal costs.

When it comes to a default notice, I would always get my solicitor to read it and give me the correct wording as per the example below.

What to do if the builder is not paying.

In the event of non payment or late payment, you can issue a breach of contract notice to the builder and quote the relevant Clause and it is worded as follows:

DEFAULT

  • Under Clause 39.7 (a)(iv) of the contract, you are in default with the September invoice (as you were with the August invoice).

NOTICE

  • Under Clause 39.8 I am serving you notice to show cause. I am giving you the required 7 days’ notice. If payment is not received in that 7 day period, I will have no option other than to suspend work – Clause 39.9.

 NEXT INVOICE

  • The next invoice will be much larger, what guarantees will you give us that we will be paid on time in the future?

Change clauses you don't like

  • Any clauses you don't like such as Liquidated Damages, cross them out and initial the change.
  • If you don't like the payment terms, cross them out and write in your own and initial the change.

The builder can only say no but quite often they don't.

There is no way I would sign a contract with Liquidated Damages as it leaves you open to abuse from the head contractor if he is that way inclined and while the majority aren't, you only need one bad builder to make your life a misery.

 

 

 

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ABOUT US

SubbiesUnited is not “anti builder”, we support strong builders.
We are “anti theft” of hard working subbies money.

It’s not just about the builders who go broke, businesses all over Australia Liquidate every day for a variety of reasons.

It’s about the ones that engage in calculated criminal behaviour such as providing false information to the regulators or inducing subbies to work on a site when they know they cannot or are not going to pay them because of a fraudulent scheme. Its about the participation of the banks, pre insolvency advisors and builder appointed Liquidators to fraudulently defeat creditors.

Liquidators should always be appointed by creditors to ensure a thorough investigation takes place.

We want the rogues investigated and prosecuted for fraud. 


  • SubbiesUnited was created to provide subbies with collaborative information on building companies that are showing signs of insolvency or struggling to pay their creditors. The signs are always there, we just need to get the message to each other before it happens.
  • We provide subbies with up to date news on builders in Administration or Liquidation and the best strategies to get a return.
  • There are some extremely litigious builders out there who would rather sue you than pay you. Often they sue you so they don’t have to pay you. We will expose them.
  • The construction industry is renowned for building companies setting up illegal Phoenix operations, shifting assets, then liquidating sending subbies broke. We work with other subcontractor & supplier organisations & Governments to stop what amounts to legalised theft on a massive scale though pre packaged liquidations. Insolvency is used as a means to defraud Subbies.
  • Our aim is to limit the financial damage before it happens with our “members only forum”, an early warning system for the benefit of all our members.

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