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Builder Went Bust and Owes You Money? Recovery Options for Subcontractors

The builder you worked for has gone into liquidation or just disappeared. Here are your options to recover what you are owed.

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It is every subcontractor’s nightmare. You did the work. You invoiced. And then you find out the builder has gone into administration, liquidation, or simply vanished.

If you are owed money by a builder who has gone bust, here are your options.

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Check if the company is actually insolvent

First, check the company’s status on the ASIC website (asic.gov.au). Search by company name or ACN. If a liquidator or administrator has been appointed, their details will be listed.

If the company is still registered and active, the director may just be avoiding you. In that case, a Letter of Demand or Statutory Demand is your best tool.

If a liquidator has been appointed

  1. Lodge a Proof of Debt — the liquidator will call for creditor claims. Submit every invoice, contract, and piece of evidence you have. This is your formal claim against the company’s remaining assets.
  2. Attend the creditors’ meeting — you have a right to attend and vote. Find out what assets the company has and what the likely dividend (payout) will be.
  3. Check your priority — subcontractors are usually unsecured creditors, which means you get paid after employees and secured creditors (banks).
Free · 30 seconds

Ready to put it in writing?

Answer 3 quick questions to check you have the details your document needs, and see your next step.

1. Who did the work?

Give us a name — even a first name or business name is fine.

2. How much is at stake?

3. Do you have it in writing?

Your result is ready. Where should we send it?

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Personal liability of directors

If the director allowed the company to trade while insolvent (taking on your work knowing they could not pay), they may be personally liable under s 588G of the Corporations Act. Insolvent-trading claims (Corporations Act s 588G and s 588M) are brought by the liquidator. A creditor can sue the director only with the liquidator’s written consent, or after six months under ss 588R–588T. Give the liquidator your evidence.

Signs of insolvent trading:

  • They were not paying other subcontractors at the same time
  • ATO debts were overdue
  • They took on new projects despite being unable to pay existing debts
  • They stripped assets or paid themselves large bonuses before the collapse
Letter of Demand — $49You approve it before it is sent · Ready in about 5 min
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A formal letter is the first thing the tribunal and the builder's licensing body will ask whether you sent.
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State government recovery schemes

Some states have subcontractor protection schemes:

  • Queensland — QBCC Subcontractor Financial Protection scheme (trust account requirements)
  • New South Wales — Project Trust Account scheme for government projects over $10M
  • Victoria — Security of Payment reforms with cascading trusts (coming into effect)

Start your recovery today

Even if the builder has gone bust, you may still be able to recover money from the director personally, from a guarantee, or from a retention trust. The first step is a formal Letter of Demand.

Claim Done drafts your Letter of Demand for $49. We can address it to the company, citing the Security of Payment Act. Done in about 5 minutes.

What happens when you put the builder on formal notice

Same problem. What a prepared case looks like.

Before — doing it yourself
You text them. "I'll be there next week."
Next week comes. Nothing.
They stop answering. You are out of pocket.
You wonder if it is worth the fight.
→
After — a formal Letter of Demand
A formal Letter of Demand lands in their inbox.
It sets out what was agreed and what is still not done.
They have a fixed deadline to fix it or refund.
If they do not, your notice is the first piece of evidence for the tribunal.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
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Letter of Demand · $49 You approve it before it is sent
Start My Notice →

Wait — they're counting on you giving up

The longer you wait, the harder it gets

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Debtors move, businesses close and evidence gets lost. The sooner your demand is on the record, the more options you keep. Limitation periods apply.
I can draft your Letter of Demand right now — consumer law, building legislation, a firm deadline and a clear next step if they ignore it. $49 flat, ready in about 5 minutes. You read and approve it before anything is sent.
Put Them On Formal Notice — $49 →
Nothing is sent until you approve it. Read the full document, change the wording or ask for a redraft (2 edits included), then approve.
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