Fighting for Subbies Rights
- “DET is not aware of whether subcontractors have met obligations within their contract to enable payment for contracts that they have with J M Kelly (Project Builders) Pty Ltd or now the liquidator. Likewise, DET is also not aware of whether subcontract conditions for payment have been met in contracts that may have been entered into with J M Kelly Builders Pty Ltd.
Ahhh, so according to some shiny arsed pencil pusher, the subbies could be lying about the debt JM Kelly (Project Builders) Pty Ltd owed them....
Maybe they didn't meet their contractual obligations to JM Kelly PB eh?
What about the obligation of the builder to pay their creditors you dope?
It clearly shows they know nothing about liquidations.
And this one;
- DET has received assurances from JM Kelly Builders that all suppliers and sub-contractors will receive payment in due course.
- “It is considered that the Deed of Novation provides a more equitable outcome for creditors who remain contracted to JM Kelly Builders rather than becoming unsecured creditors of an entity in liquidation. DET will continue to liaise with JM Kelly Builders to ensure contractual obligations including payment to sub-contractors is completed.”
Hey dickhead, they already were creditors of an entity in liquidation and what about the creditors who were no longer contracted to JM Kelly Builders who went broke because of this fraud?
Subbies were sold down the river, not once but twice because some flog in DET novated contracts to the same people who liquidated, they were done twice in 2 years.
And these useless bastards are making decisions on behalf of creditors, it would be laughable if it hadn't affected the lives of a huge number of people...
bureaucrats making decisions as bad as this deserve nothing but contempt.
Nothing short of a full enquiry will fix this mess.
SENIOR Department of Education officials gave repeated assurances that subcontractors owed money would be paid as part of a deal to transfer contracts it held with a failing builder to another within the same central Queensland group of companies.
The subcontractors who had done work for JM Kelly Project Builders on Palaszczuk Government infrastructure projects were never paid.
Following the 2016 collapse of JM Kelly Project Builders, the JM Kelly Group of Companies went into liquidation late last year having never settled the debts.
No one within the government departments involved in the transfer of contracts from JM Kelly Project Builders to JM Kelly Builders has ever explained why the necessary deeds were signed without implicit guarantees that the subbies would be paid.
Instead the language of those involved was to change from strong assurances to limp denial in a matter of months.
A series of emails from and copied to senior bureaucrats in the Department of Education and Training and the Department of Housing and Public Works have revealed a complete failure to ensure that suppliers and trades who helped deliver key school projects would be paid for the materials and labour they supplied.
On August 1, 2016, a Department of Education and Training senior staffer sent an email copied to other senior managers in his own department and the Department of Housing and Public Works stating: