Personal consultant
When Things Go Wrong

Making a warranty
claim doesn’t
have to be difficult

- Find the warranty process A,B,C below
- Need personal support, currenty project issue consult now

Gallery - Elements Webflow Library - BRIX Templates

How We're Here to Support Your Warranty

"We understand that dealing with warranty issues can sometimes feel overwhelming. That's why we've streamlined the process to make it as simple and stress-free as possible. Here's a quick overview of how we'll support you:

1. Easy Application:

You can initiate a warranty claim directly from your dashboard by selecting the '[Warranty]' function.

Icon - Elements Webflow Library - BRIX Templates

2. Automatic Notification:

Once we receive your claim, our system will immediately notify your contractor.

Icon - Elements Webflow Library - BRIX Templates

3. Prompt Response:

Your contractor will have 10 days to respond to your warranty issue using a form provided on our platform."

Icon - Elements Webflow Library - BRIX Templates

Working Together for the Best Solution

"We believe in finding the most effective and efficient solutions. Our team, comprised of experienced technical builders and contract specialists, will thoroughly review your claim. We'll focus on minimising any potential damages and ensuring a fair outcome.

1. Expert Review:

Our team will analysis the situation and identify the best course of action.

Icon - Elements Webflow Library - BRIX Templates

2. Your Input Matters:

We'll reach out to you for your opinions and insights throughout the process.

Icon - Elements Webflow Library - BRIX Templates

3. Three-Way Communication:

We'll facilitate a three-way chat, connecting you, your contractor, and our review team."

Icon - Elements Webflow Library - BRIX Templates

Seamless Communication with Our Three-Way Chat

"Think of our three-way chat as a familiar messaging app on your phone. It's designed to keep everyone informed and engaged.

1. Easy Messaging / Response:

Easy Messaging: You can easily share your opinions and concerns.
Contractor Response: Your contractor will provide detailed responses, ensuring clarity.

Icon - Elements Webflow Library - BRIX Templates

2. Expert Oversight:

Our review team will actively monitor the conversation, stepping in to clarify technical responsibilities or address any potential issues.

Icon - Elements Webflow Library - BRIX Templates

3. Important Note:

To ensure a productive environment, please remember that personal behaviour and attitude are not included in the warranty process."

Icon - Elements Webflow Library - BRIX Templates

Project Problem?

  • Unsure about additional work?
  • Found something that doesn't feel right in your contract?
  • Need a second look at your quote's fairness?

Q1: Does Build-surety protect me if I contract with a builder and something goes wrong?

A:Build-surety provides assurance through process and documentation, but does not provide insurance or contractual liability.

  • What we DO: We help you find highly qualified, licensed specialist contractors (like those specializing in structural waterproofing), easily compare quotes, and keep a secure digital record of all communications and documents (contract, HBCF certificate, variations). This record is vital evidence if a dispute occurs.
  • What we DO NOT: We are not the builder, a lawyer, or an insurance provider. We do not offer a financial guarantee or warranty on the contractor's work. Your legal and financial protection comes directly from your signed contract and the builder's mandatory Home Building Compensation Fund (HBCF) Insurance.

Q2: If I find a contractor through Build-surety but contract with them outside the platform, am I still protected?

A: The platform's direct service value is diminished, and you lose critical features.

  • Outside Contract: If you engage and contract with a builder outside the Build-surety platform, we do not have a record of your final scope, contract terms, or communications. Therefore, we cannot offer the key benefits of easy record-keeping and structured dispute referral.
  • Protection: Your protection still rests solely on your physical contract and the builder's HBCF insurance. You must manually ensure you get all required documentation.

Q3: If a dispute occurs, how can Build-surety help me resolve the issue?

A: While we don't resolve the dispute directly, we offer the next necessary step for impartial resolution.

  • The Problem: If you and your contractor cannot agree on defects, quality, or payment, the first formal step is to get an impartial expert opinion.
  • Our Solution: You can immediately access a Consultant Builder through the Build-surety platform. These independent experts can review your documented issue, inspect the site, and provide an official report. This report is essential for mediation, a statutory complaint, or taking the matter to a Tribunal.

Q4: Are the key services of the Build-surety platform free for homeowners?

A: Yes. The core platform features are designed to be accessible and free for homeowners.

  • Free Services: Requesting quotes, comparing contractor profiles, securing your project documents, and maintaining your warranty/contract records in the digital dashboard are free of charge.
  • Paid Services: If you choose to engage a Consultant Builder for an inspection, mediation, or expert report (as mentioned in Q3), the fee for that third-party service is paid directly to the consultant.

Q5: I have a disagreement over a 'Variation' (change in scope) or a 'Progress Payment'. Is this covered by my warranty?

A: No, these are considered contractual disputes, not defects in the quality of work (which is covered by warranty).

  • Dispute: These issues are resolved by referring strictly to the terms of your signed contract.
  • Action: If you are unsure if a variation charge is legitimate or a progress payment is due, you should use a Build-surety Consultant Builder to review the documentation and contract terms before making a payment or escalating the issue.

1. What should I do first if I notice a major problem or defect with the work?

The first and most important step is to formally document the issue and notify your builder in writing.

  • Document: Take clear photographs/videos and write down the date and specific location of the defect.
  • Notify: Send a formal written notice (email or registered mail) to your builder, clearly describing the defect and setting a reasonable timeframe (e.g., 14 days) for them to inspect and propose a rectification plan.
  • Use Your Dashboard: Log this communication and all related documentation (photos, emails) in your Build-surety dashboard to create a complete, timestamped record, which is essential for any future dispute or warranty claim.

2. My builder is refusing to fix a defect. What is my next step?

If direct communication fails, you need to escalate the dispute using the structured process.

  • Step 1: Consultant Builder (Recommended):
    Utilise the Build-surety platform's consultant builder feature to hire an independent expert. They can inspect the defect, provide an impartial report confirming the issue, and recommend the best path for rectification. This expert report is powerful evidence.
  • Step 2: Statutory/Fair Trading Process:
    Contact your relevant state/territory building commission (e.g., NSW Fair Trading, QBCC, VMIA) to lodge a formal complaint and request dispute resolution assistance.
  • Step 3: Tribunal/Court:
    If all other measures fail, you may need to apply to the relevant Civil and Administrative Tribunal (e.g., NCAT) or court for a binding decision.

3. What is "Warranty" and how does it protect me?

1. Statutory Warranties:
Implied legal rights that the work must be done with due care, skill, and be fit for purpose. These apply even if not written in your contract.

  • Typically 6 years for major structural defects, and 2 years for non-structural defects (varies by state).
  • 2 years for non-structural defects (varies by state).

2. Home Building Compensation Fund (HBCF) Insurance
This is mandatory insurance the builder must take out for you if the contract value is over $\$20,000$. It protects you if the builder-dies, disappears, or becomes insolvent (goes broke).

  • Varies, but generally aligns with the Statutory Warranty periods (up to 6 years).

Crucial Point: If your contract is over $\$20,000$, your builder must provide you with a certificate of HBCF insurance before starting any work or taking a deposit. any building works such; Painter, tiler, roofer, etc..    

Build-surety Tip: Before you sign a contract, use the Build-surety contractor profile feature to check the builder's credentials. Crucially, confirm the HBCF Insurance certificate has been issued and approved for your specific project by checking the publicly available Certificates Register (e.g., the HBC Check in NSW). This ensures your policy is valid from Day 1.

4. My contractor has stopped work or has gone into liquidation. What happens now?

This is when your Home Building Compensation Fund (HBCF) Insurance is crucial, provided your contract was over the $\$20,000$ threshold and you confirmed the valid certificate.

  • Stop Payment: Do not make any further progress payments.
  • Notify Insurer: Immediately notify your HBCF insurer in writing. Strict time limits apply for making a claim after the builder's insolvency/disappearance.
  • Claim: You can make a claim to the insurer to cover the cost of rectifying defective work or completing unfinished work up to the policy limit.
  • Find a New Builder: You can use the Build-surety trade platform to quickly source quotes from qualified, vetted, and available Consultant Builders or other trades to take over and complete the project.

Q1. The client has notified me of defects. What is the single most important action I must take immediately?

1. Acknowledge Immediately:
Acknowledge the notice of defects in writing (email) within 24-48 hours. Confirm receipt of the homeowner's complaint.

2. Inspect & Schedule:
Promptly inspect the alleged defects and submit a written proposal to the homeowner within the contractual timeframe (e.g., 14 days) that outlines:Which defects you agree to rectify.A clear, reasonable timeline and schedule for the rectification work.

3. The Rule:
Australian building law (and contracts) heavily favors the builder having a reasonable opportunity to fix their own work. You lose this right only if you refuse to fix, repeatedly fail to fix, or if your relationship with the client has completely and unreasonably broken down. Your prompt, professional response is your primary defense.

Build-surety Action Tip: Log the homeowner's defect notice, your rectification schedule, and all related communications instantly in your Build-surety project file. This clear record proves you acted reasonably and asserted your right to rectify.

Q2. I've had difficulty obtaining my HBCF Certificate of Insurance for a project. What are the quick steps to ensure compliance?

For any residential contract over $\$20,000$, the HBCF Certificate must be issued before you start work or take any payment (including a deposit).

  • Eligibility First: Ensure your company has a current and approved Certificate of Eligibility from your HBCF provider (e.g., icare HBCF). This is your capacity approval.
  • Project Application: Immediately contact your approved HBCF Broker/Distributor for a Project Application. They need the final contract sum, site address, and scope of work.
  • Payment & Issuance: Pay the premium promptly. The certificate is generally issued very quickly once the premium is paid and all details are confirmed.
  • Proof to Client: Provide the signed, valid HBCF Certificate of Insurance to the client before collecting the deposit or mobilizing the site.

Why Act Quick? If you commence work or take the deposit without the certificate, you are in breach of the law, potentially voiding the contract, and you expose your license to regulatory action. Your Build-surety profile should clearly show your current HBCF Eligibility status to potential clients to streamline the quote process.

Q3: What should I do if the client unreasonably refuses to let me back on site to perform rectification work?

A: You must formally document the refusal, as the burden of proof is on you to show the client's refusal was unreasonable.

  • Formal Written Offer: Send a formal notice (registered email/mail) reiterating your offer to rectify the defects on the proposed schedule. Clearly state that their refusal to provide access is a breach of the contract and their legal obligation to mitigate loss.
  • Consequence Warning: Inform them that by refusing access, they may be relinquishing their right to claim the cost of rectification from you or the HBCF insurer (as the insurer will first ask if you were given the chance to fix the issue).
  • Consultant Builder/Legal Advice: If the refusal persists, immediately engage a Build-surety Consultant Builder or construction lawyer to mediate or issue a final formal letter. This demonstrates your commitment to resolution.

Q4: How do I handle a contractual dispute (e.g., payment, variation) that is NOT a defect issue?

A: Defect claims and contractual disputes must be handled separately using the dispute resolution steps outlined in your contract.

  • Contractual Procedure: Review the dispute resolution clause in your signed contract (e.g., HIA, MBA). This usually requires a structured process:
    a. Executive Negotiation: Senior management meet to discuss.
    b. Mediation/Conciliation: Engagement of an independent, neutral third party (often mandatory).
  • Security of Payment:
    For unpaid work, use the Security of Payment legislation (Adjudication) in your state for a rapid, binding resolution on payment claims. This is often the fastest method for recovering money owed.

Q5: I have received a money order from a Tribunal (e.g., NCAT) that I cannot pay. How does this affect my HBCF eligibility?

This is a severe threat to your eligibility and license.

  • Trigger Event: Failure to comply with a court or Tribunal money order in the homeowner's favour is a "trigger event" for the HBCF. This can lead to the homeowner claiming on your insurance, and the relevant building commission (e.g., Building Commission NSW) can suspend your builder's license after 28 days of non-payment.
  • Act Fast: If you are facing insolvency or financial difficulty, seek urgent advice from an accountant or insolvency practitioner immediately. This may require taking formal steps (e.g., voluntary administration) to protect your business's legal standing and manage your risk profile with the HBCF insurer.