As a homeowner, you may be able make a claim if there is a “trigger event”, where your builder:
- disappears and cannot be located
- becomes insolvent and is unable to complete the work
- dies before the completion of the work including defective work
- has their licence suspended for failure to comply with an order of the NSW Civil and Administrative Tribunal (NCAT) or court to pay you money.
You can protect your rights to claim in the future by lodging a Notification of Loss form within the period of insurance.
This must be done in writing using our Notification of Loss form and lodged with the Claims Manager, Gallagher Bassett.
Once you have notified of your possible claim, you need to take appropriate action to try to have the original builder complete and/or repair the work, such as:
- Lodging a complaint with NSW Fair Trading
- Lodging a claim with NCAT or a court (depending on value) to have the builder finish any incomplete or rectify any defective work
Once you have checked you’ve got all the necessary information and taken all other avenues to resolving your issues, you can start a claim
To formally start your claim, download and complete a Claim Form and lodge it with the Claims Manager, Gallagher Bassett.
The Claim form includes a checklist of the information and documents you will need to submit with it so your claim can be assessed without delaying the decision.
When you can claim
You can claim at any time during the period of insurance.
If your claim involves defective work, your period of insurance is either 6 years (major defects) or 2 years (all other defects). If an issue becomes apparent during the last six months of the insurance period, you have 6 months to claim. Generally, you must claim within six months of becoming aware of the defective work.
For incomplete work, your period of insurance is 12 months from the date of the failure to commence the work or cessation of work (if it was started).
In cases of insolvency, death or disappearance or licence suspension due to non-compliance with an order from a court or NCAT, you can still claim if that order was made after the expiry date of the insurance policy, provided that you lodged a Notification of Loss form within the period of insurance and “diligently pursued” the enforcement of your statutory warranty rights against the builder up to the time that there is a trigger event and you lodge a claim.