Fighting for Subbies Rights
Subcontractors, It's Time to Manage Your Risk, The Liquidation Clock is Ticking.
Statistics
In the second quarter of the 2016-2017 financial year, there were 134 building related claims paid due to companies which became insolvent. Queensland had the lions share of those with 34%. The next closest was Victoria with 23%.
Increased competition means reduced profit margins. Companies are going in too tight to make a profit. They only need a hiccup and the house of cards collapse and along with it goes Subbies money.
SubbiesUnited are passionate about getting the message across to subcontractors to protect their financial interests. Often when we mention debtor insurance, subbies say “its just too expensive”.
We want to make the point that it’s even more expensive when a builder liquidates leaving you with large financial exposure and no insurance.
Trade Credit Insurance is one of the best ways to protect yourself. If a builder doesn't pay, you can make a claim under BCIPA but even then, a judgement can be challenged or just not paid.
Then court is often too expensive to chase the debt and the crooks of the industry know that.
Here is a real example;
- A builder did not pay a Plumber's legitimate claim for $23,000. The Plumber made a claim under BCIPA and was awarded the full amount including 67P interest and costs.
- The builder then appealed to have the judgment overturned.
- At this point the costs start mounting. The Plumber has spend another $20,000 and has still not been paid.
There are many things to think about when considering trade credit insurance to protect your business from liquidating or non paying builders.
When we decided to get cover last year we could not find a lot of options, now there are choices so we recommend getting two quotes.
What to look for in a policy when applying for trade credit insurance;
- No additional Broker Fees, some brokers add thousands of dollars in service fees
- No on-selling of Insurers free benefits like Collections and access to Credit Management Systems
- The use of Reputable Insurers
- Availability of Cover for Retentions
- Availability of pre credit risk cover
- Ability to pay Premiums Monthly
Subcontractor can pay premiums monthly to lessen the financial burden at very reasonable interest rates.
The Pitfalls
Our policy did not cover retentions, we were told it was not available, in two building failures that has cost our company in excess of $25,000. We have since learnt that insurance is available so make sure you ask for cover for your retentions.
Two questions we asked of Acquire Trade Credit Insurance;
- If a builder doesn’t liquidate or go into administration but doesn’t pay you despite winning a judgement under BCIPA, are you still covered?
- If a builder enters a Scheme of Arrangement (similar to a Voluntary Creditors Agreement) with creditors, can the insurance be claimed and the insurer take over the debt?
The answers were as follows;
- Usually claims can be paid once judgement is attained.
- The insurer acts in the best interest of obtaining the most recoveries. If this arrangement is approved by the underwriter then yes this could work where a claim is made and the insurer will continue to chase the administrator. Key trigger point would be obtaining confirmation of debt prior to this taking place but I don't see it being an issue. It would be just requesting approval from the insurer and running it by them.
So ask your broker to have those clauses in the policy.
NB: On question 1 above, we are dealing with a couple of subcontractors who were not paid by a builder (he needed their money to finish his own home). As Claimants, they were awarded judgements against him under the BCIPA but the builder still refused to pay and then appealed in the Supreme Court. This builder will do anything not to pay subbies valid claims.
Trade Credit Insurance
You insure your car, your house and other assets so why stop there?
How do you fund those key assets?
The answer is the income you earn from your business.
The effects of a builder liquidating owing you many thousands of dollars is devastating for your company, staff and your family so consider trade credit insurance, it allows you to sleep at night.
Trade credit brokers are the only companies we allow to advertise on SubbiesUnited because we believe they are vital for the financial protection of Subcontractors & Suppliers.
They are;