Alert

Western Australia Building Registration cancelled Projex Management & Construction Pty Ltd

On 30 July 2024, the Western Australian Building Services Board declined to renew the building contractor registration of Projex Management & Construction Pty Ltd (BC12153) trading as Nicheliving.

The Board’s decision enables homeowners with incomplete building work, under residential building contracts with Projex Management & Construction Pty Ltd, to make a claim on their Home Indemnity Insurance (HII).

If you are a homeowner who has entered into a contract with Projex Management & Construction Pty Ltd, and you have been issued with a Certificate of Insurance for residential building works by QBE, you may be covered.

Please refer to your QBE policy wording for more information regarding coverage under your policy.

Lodging your claim with QBE

To make a claim, or for a checklist on the details and documents you will need to make your claim, please download the claim form.

Once you have completed the claim form and have all your supporting documents, please submit your claim via email or post using the details below.

We request that you only submit copies of documents, as any original documents received will not be returned.

Email: [email protected]
Fax: +61 2 8275 9560
Post: QBE Insurance (Australia) Ltd, GPO Box 4323, Melbourne VIC 3000

For further information, please contact our team via the following:

Phone: 1300 790 723
Postal: GPO Box 4323, Melbourne VIC 3001
Email: [email protected]

Works not yet commenced

If you have signed a building contract, but works have not yet commenced, you may be entitled to claim a refund of your deposit paid to your builder under the contract.

Homeowners need to submit a completed and signed claim form to QBE.

Copies of the following documents need to accompany the claim form:

  • A complete copy of the signed Building Contract
  • Evidence, such as a receipt or bank statement confirming payment of the deposit.

Incomplete Works claim

If you have signed a building contract and works have commenced, you are entitled to make a claim with QBE. As circumstances may vary from one contract to another, a completed and signed claim form for non-completion loss, together with all necessary documents needs to be submitted to QBE.

The following documents are also required at the time of lodging your claim:

  • A complete copy of the signed Building Contract
  • Any variations to the contract
  • Evidence of all payments made under the Building Contract such as invoices, receipts & supporting bank statements
  • Copy of Plans, Specifications and Addendas
  • Council approvals
  • Photos substantiating the stage of construction at the time your builder ceased construction
  • Completed Contract Balance Reconciliation form
  • If the Building Contract has been terminated, evidence of the termination.

Defective Works claim

Where practical completion has been reached, and your claim relates to defective workmanship, you still have a right under the Building Services (Complaint Resolution and Administration) Act 2011 (WA) to lodge a complaint against Projex Management & Construction Pty Ltd with the Building Commission. Complaints of defective workmanship that are made to the Building Commission under this legislation can currently still be accepted and resolved.

For information on how to lodge a building service complaint, please read the below link on the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) website:

Building service and home building work contract complaints | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au)

You can contact the DEMIRS complaints team on:

Phone: (08) 6251 2701
Email: [email protected]

No Building Contract

Irrespective of whether a Certificate of Insurance has been issued to you by QBE, please note that if you have not entered into a valid written building contract with Projex Management & Construction Pty Ltd there is no insurable event to which your QBE policy can respond.

Builders

QBE can assist with a list of Builders in WA who are experienced in completing homes and rectifying defective works. Details can be provided by contacting the claims team. Should you have a preferred builder, you may wish to reach out to them.

Question & answers

Q. Do I have to pay an excess?
A. Yes. As with most insurance policies, an excess does apply, and in this case the applicable excess is $500. This amount is generally deducted at the time of settlement.

Q. I am due to pay the next progress payment. What should I do?
A. You may be obliged to pay for work that has been completed by Projex Management & Construction Pty Ltd, prior to their registration being cancelled. However, we strongly recommend that you seek legal advice before making any further payments as should you make payments that you are not legally required to make, any over payments could affect any potential settlement of an insurance claim.

Q. Can I get my own quote?
A. If you are lodging a claim, we encourage you to obtain your own quotations as this can speed up the claim process, however QBE is able to provide contact details of some builders and/or supply your details to some builders so that they can contact you directly. We may require 2-3 quotations for comparison reasons.

Q. Will the expense of a locksmith be covered under the policy?
A. The expense to arrange replacement of door and window locks at the site, to either gain access to your home or to ensure security is maintained, can be included in your claim for non-completion loss. Please keep copies of any receipts and submit these with your claim documents for review.

Q. Will the expense of security fencing be covered under the policy?
A. The expense to arrange security fencing at the site to maintain security, can be included in your claim for non-completion loss. Please keep copies of any receipts and submit these with your claim documents for review.

Q. Am I still required to terminate my building contract with Projex?
A. Whilst your building contract is still on foot and has not been terminated, you have not suffered any loss. We strongly recommend that you obtain legal advice before you take any steps to terminate your contract, as terminating contracts can be a complex process and can have significant consequences for you if done unlawfully or incorrectly. Those consequences can include you being liable to the builder for damages and losing your right to claim on your policy with QBE. If, after receiving legal advice you do take steps to lawfully terminate your contract and wish to then proceed with your claim, please provide us with evidence of the termination.

Q. I have received a Mutual Termination of Contract from Projex, should I sign this?
A. If you have received a Mutual Termination of Contract from Projex, we strongly encourage you to seek independent legal advice prior to signing as doing so may compromise your rights. If, after receiving legal advice you do sign the Mutual Termination of Contract, and wish to then proceed with your claim, please provide us with evidence of the signed document.