Worrells Solvency & Forensic Accountants Brisbane has been appointed as liquidator of Pivotal.  The QBCC understands that the liquidator may have contacted parties who had executed contracts with Pivotal.

On 30 May 2022, the QBCC cancelled Pivotal’s licence and they are now prohibited from carrying out any building work, including completing work already in progress.  

We have provided general information below, which may help you understand how their liquidation affects any building contracts you may have with them. 

For information specific to your situation, we encourage you to contact us by:

• submitting an enquiry on our website
• direct email via ResolutionServicesPivotal@qbcc.qld.gov.au 
• calling (07) 3226 9060 or 139 333.

Home owner information

If you are a home owner and have contracted with Pivotal, you may be able to make a claim under the Queensland Home Warranty Scheme (QHWS).

Where Pivotal had paid the insurance premium to the QBCC for your contract, you may be entitled to assistance if Pivotal 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 work out your options in this situation. 

For information specific to your situation, we encourage you to contact us by:

• submitting an enquiry on our website
• direct email via ResolutionServicesPivotal@qbcc.qld.gov.au 
• calling (07) 3226 9060 or 139 333.

What you should do now

Step 1 – Identify the stage of your construction

• 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 on or before 29 August 2022.
• Work commenced? You may be covered for the costs to complete the work.  You must lodge a claim on or before 29 August 2022.
• You may wish to seek legal advice if Pivotal 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.

Step 2 – Check the QHWS Product Disclosure statement 

Your level of assistance will be determined by whether work has commenced.

As Pivotal’s QBCC licence is cancelled and they are in liquidation, all contracts currently on foot will be considered ‘at an end’ from 30 May 2022 under the QHWS Terms of Cover. You do not have to terminate the contract with Pivotal to make a non-completion or refund of deposit claim.  

If building work is finished and there are defects, you need to know the time limits for making defective work claims.

Step 3 – Consider if you need to submit a claim

The QBCC website contains information to help you understand more about how and when to make a claim.

• What’s covered and how to claim
• Complaints about non-completion

You can email the completed Non-completion claim form (PDF) for residential construction work and supporting documents directly to ResolutionServicesPivotal@qbcc.qld.gov.au to lodge your claim.

Avoid unnecessary delays by including all supporting documents with your claim.

Important information 

• Paying suppliers and subcontractors. Do not make any payments to subcontractors or suppliers directly. You should also not pay any progress claims to Pivotal 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? The QBCC recommends you secure the building site from all unauthorised parties. Health and safety is your responsibility. The QBCC does not provide a ‘make safe’ service, so 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).

Licensee information

As Pivotal 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, Worrells Solvency & Forensic Accountants Brisbane, to discuss your debt or lodge a proof of debt.

Worrells Solvency & Forensic Accountants Brisbane 
Level 13, 300 Ann Street
Brisbane Qld 4000
Telephone:  3225 4300
E:  pivotalcreditors@worrells.net.au

You may also wish to consider if it’s appropriate to obtain independent legal advice about your debt.
 

Recently, the QBCC investigated a complaint from a consumer about failure by an individual to erect a retaining wall and fence, despite quoting for the job and receiving money from the consumer. 

The QBCC issued an infringement notice however the individual instead elected to contest the matter in court. In the Brisbane Magistrates Court, the individual was found guilty of undertaking to carry out building work without holding a contractor’s licence. The court imposed significant penalties including a recorded conviction and a fine of $5,000. Compensation of $9,937 was also awarded to the consumer, and the defendant was ordered to pay legal costs of $1,355.35. 

If you have questions about licensing requirements, please contact the QBCC on 139 333.

If you’re a homeowner looking to engage a building contractor or tradesperson, the QBCC website has a free licence search function which you can use to check to see if the person holds the appropriate QBCC licence.

The Queensland Building and Construction Commission (QBCC) supports Queenslanders by:

• providing Australian-leading insurance that helps to safeguard building work
• helping make sure builders are licensed, work is done to standard and any defects are rectified
• helping protect the building and construction industry from unscrupulous contractors
• working to help tradies get paid.

For licensees

• Protecting your payments
• Options for resolving payment disputes
• Adjudication
• Monies owed complaint
• Preventing and handling disputes
• Home warranty insurance obligations

For home owners

• Using licensed contractors
• Queensland Home Warranty Scheme
• Building or renovating
• Defective work
• Subsidence
• Contracts

The Queensland Building and Construction Commission (QBCC) has urged consumers, contractors and suppliers to be cautious in their dealings with Mr Coplick and his associated business, Coppo’s Concreting. 

QBCC Acting Commissioner, Kate Raymond, said Mr Coplick is believed to have been operating in the Brisbane, Ipswich and Gold Coast areas. 

“Mr Coplick does not hold a QBCC licence and is therefore not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland valued over $3,300,” Ms Raymond said. 

“He is also alleged to have taken deposits in excess of the maximum allowed under the QBCC Act.” 

Ms Raymond said the QBCC was aware of several complaints of unlawful conduct by Mr Coplick, and that complaints had also been made to the Office of Fair Trading. 

The QBCC warns anyone dealing with Mr Coplick and his business to exercise extreme caution and seek legal advice before making any payments, to protect their interests. 

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is licensed appropriately. 

The QBCC website also offers a free “Find a Local Contractor” search, to find licensed and skilled tradespersons in your area. 

BACKGROUND

The warning has been issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.