What to do if you have a contract with Porter Davis
Homeowners who contracted with Porter Davis, may be able to make a claim under the Queensland Home Warranty Scheme (QHWS).
On 31 March 2023, PDH Qld Pty Ltd trading as Porter Davis, QBCC licence number 15007714, entered into liquidation.
On 2 May 2023, the QBCC cancelled Porter Davis’ QBCC licence and consequently they are now prohibited from carrying out any building work, including completing work already in progress.
As Porter Davis’ QBCC licence is cancelled and they are insolvent, all contracts currently on foot will be considered ‘at an end’ from 2 May 2023 under the QHWS Terms of Cover. This means you do not have to terminate the contract with Porter Davis to make a non-completion or refund of deposit claim.
We have provided general information below, which may help you understand how the Queensland Home Warranty Scheme (QHWS) might apply to you.
For information specific to your situation, we encourage you to contact us by:
- submitting an enquiry on our myQBCC
- calling 139 333
Home owner information
If you are a home owner and have contracted with Porter Davis, you may be able to make a claim under the QHWS.
Where Porter Davis paid an insurance premium to the QBCC for your contract you may be entitled to assistance if Porter Davis has not completed the contracted works or if you have paid a deposit and building work has not started.
Where Porter Davis did not pay an insurance premium to the QBCC for your contract you may still be entitled to assistance if Porter Davis has not completed the contracted works or if you have paid a deposit and building work has not started.
The steps below may help you to work out what your options are in this situation.
What you should do now
Read the steps below for taking action on your building project.
Be aware that assigning the contract to another contractor may affect your entitlements under the Queensland Home Warranty Scheme.
Steps to take
- Construction complete? You do not need to do anything. You can disregard this notice unless there are defects.
- No work commenced? You may be covered for a refund of your deposit. You must lodge a claim within 3 months from when the contract ends, being on or before 2 August 2023.
- Work commenced? You may be covered for the additional costs to complete the work. This means the difference between the original contracted price and the new contracted price to complete the work. You must lodge a claim within 3 months from when the contract ends, being on or before 2 August 2023.
- You may wish to seek legal advice if Porter Davis is thinking of assigning your contract to another contractor for completion. Assigning the contract to another contractor may affect your entitlements under the Queensland Home Warranty Scheme.
Your legal costs are not covered under the Queensland Home Warranty Scheme.
Your level of assistance will be determined by whether work has commenced.
If building work is finished and there are defects, you need to know the time limits for making defective work claims.
Learn about the process for making a claim against home warranty insurance.
If you decide to claim you must first lodge a non-completion of building work claim and all supporting documents online through the QBCC website.
Avoid unnecessary delays by including all supporting documents with your claim.
Assistance in specific circumstances for loss associated with incomplete work which has been damaged by fire or storm, vandalism or theft
There is also provision for rectification of incomplete work which is damaged by fire and storm, or which is damaged as a consequence of vandalism to, or theft from, the incomplete works. However, in order to be eligible for this cover, your non-completion claim must first be accepted by QBCC, and your claim for this cover must be made within 14 days of the event. Also the damage must have happened as a consequence of the work being incomplete. Further, in relation to vandalism and theft, QBCC will only pay for loss in excess of $2,500, and you must report it to the police
You can read more about the QHWS and extent of cover within the QHWS Product Disclosure.
Paying suppliers and subcontractors
Do not make any payments to subcontractors or suppliers directly. You should also not pay any progress claims to Porter Davis before they are due under your contract. You may end up paying for work that might not get done.
Is your site safe and secure?
Health and safety is your responsibility. The QBCC does not provide a ‘make safe’ service. The QBCC recommends the building site is secure from all unauthorised parties and if you have any immediate safety concerns, we recommend you take steps to mitigate any risk to occupants and visitors (e.g. restrict access to any unsafe areas).
As Porter Davis has entered into liquidation, the QBCC is unable to help you reclaim debts under the monies owed complaint process.
We recommend that you contact the Liquidator, Grant Thornton, to discuss your debt or lodge a proof of debt.
Ph: (07) 3222 0200
You may also wish to consider if it’s appropriate to obtain independent legal advice about your debt.