Notify HBCF Even While the Builder Is Still Trading

Why early notice is required

SIRA directs homeowners to notify icare HBCF in writing as soon as a business is not starting or finishing the work, or defective work is suspected. This applies even where the builder still has a licence, answers some messages or promises to return.

Notification is not an accusation of insolvency and does not automatically terminate the contract. It records a potential insured loss within the applicable period.

Continue the ordinary rectification pathway

After notifying, the owner should still raise the problem with the builder in writing, follow the contract, use Building Commission NSW dispute resolution where appropriate and comply with any insurer instructions. HBCF does not replace the builder's primary responsibility while the business can provide a remedy.

Keep the communications consistent. The description sent to the builder, Building Commission and insurer should identify the same locations and symptoms, while allowing later technical investigation to refine the cause.

Promises are not evidence of completion

Builders under financial pressure may repeatedly promise a return date, send a trade for a short visit or perform a temporary repair. Record what was actually done. A message stating all fixed does not outweigh photographs, test results or an unresolved defect list.

Update icare if the builder stops attending, disputes responsibility, attempts an unsuccessful repair or enters external administration. This creates a continuous file rather than separate fragments.

A short notification can be enough to start

Provide the certificate number, property, contractor, contract, nature of the incomplete or defective work, important dates and available evidence. State that investigations are continuing and that further material will follow. Ask for written confirmation of the notification.

Do not make unsupported claims about the final cost. Accuracy is more important than exaggeration, and a properly reserved issue can later be quantified through inspection and quotation.

Practical takeaway: Notify when the problem becomes real, not when the builder finally collapses. Early written notice and continued pursuit can operate together.

How ARK Houses can help

ARK Houses can create a construction record while the first builder is still trading and the owner continues the ordinary rectification process. Early site evidence can later become critical if promises fail, repairs are unsuccessful or a recognised HBCF trigger occurs.

Discuss Your HBCF Documentation