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What To Do If Your Builder Goes Bankrupt or Is Placed In Liquidation in Victoria – How Our Award-Winning Firm Can Help

When your builder becomes insolvent, whether through bankruptcy, liquidation, or administration: it can feel stressful and overwhelming. You’ve invested time, money, and trust — and now you’re left with uncertainty about your home or development.

The good news: you do have legal options. Our team of building solicitors in Victoria are experts in navigating builder insolvency, protecting your rights, and recovering your losses.

Why Do Builders Enter Liquidation?

Unfortunately, builder insolvencies are not uncommon in Victoria. Rising construction costs, poor financial management, and project delays can cause even established companies to collapse. When this happens, clients are left exposed to:
 

  • Unfinished building works

  • Unpaid subcontractors and suppliers

  • Disputes over Domestic Building Insurance claims
     

Understanding your rights and acting quickly is crucial to protecting your investment.

Your Next Steps If Your Builder Goes Bankrupt

If your builder has gone into liquidation, administration, or bankruptcy, here’s what you should do immediately:
 

  1. Stop all payments – Do not release any further funds until legal advice is obtained.
     

  2. Secure your site – Protect the property, materials, and partially completed work.
     

  3. Check your contracts and insurance – These documents determine your rights and what compensation may be available.
     

  4. Seek legal advice quickly – Timing is critical. Early action can make the difference between recovering funds and suffering losses.

How Our Expert Building Solicitors Can Help

Our team of construction lawyers in Victoria specialise in builder bankruptcy, insolvency and construction disputes. We can:
 

  • Review your building contract and identify your entitlements.
     

  • Manage your insurance claims through the Building and Plumbing Commission (BPC, formerly VMIA).
     

  • Deal with the liquidator, administrator, or trustee in bankruptcy.
     

  • Negotiate with subcontractors and suppliers to protect your project.
     

  • Pursue litigation or dispute resolution if necessary.
     

We act for homeowners, developers, and investors across Victoria, delivering clear strategies and strong representation.​​​

The New Building and Plumbing Commission (BPC)

The Building and Plumbing Commission (BPC) officially begins operations by bringing together the roles of three key bodies:

  • The Victorian Building Authority (VBA)

  • Domestic Building Dispute Resolution Victoria (DBDRV)

  • The Domestic Building Insurance (DBI) function from VMIA

This means the BPC is now the central body responsible for overseeing building regulation, dispute resolution, and building insurance in Victoria.

If your builder becomes insolvent or enters liquidation, your Domestic Building Insurance (DBI) claim will now be managed through the BPC.

We Manage the Entire BPC Claim Process for You

When a builder becomes insolvent, most homeowners and developers will need to make a claim under Domestic Building Insurance with the BPC.

Here’s what many people don’t realise:

  • The BPC may not grant you the full compensation you’re entitled to.

  • Claims are often undervalued or partially denied, leaving you out of pocket.

  • The process can be complex, technical, and time-consuming.

That’s where we step in. We don’t just file the claim — we manage the entire process on your behalf, handling all correspondence, evidence gathering, and negotiations. Most importantly, we fight to maximise your recovery, ensuring that every cent of loss — whether for defective work, incomplete work, or financial costs — is put forward and argued for.

Our lawyers are experienced in identifying entitlements that homeowners often miss and challenging unfair BPC assessments. With us, you’re not just getting a claim lodged — you’re getting a dedicated legal team determined to recover your true losses.

Why Choose Us?

We are one of only a handful of Melbourne Law Firms to be recognised by the Law Institute of Victoria as a Specialist Firm. Our Principal Christian Marcus is one of only 38 Accredited Specialist Solicitors in Commercial Litigation in Victoria. With over 15 years experience, we have successfully represented countless homeowners dealing with these issues.

  • Winner – Best Construction & Property Litigation Firm 2025 (Victoria), APAC Legal Awards

  • Accredited Specialist in Commercial Litigation

  • Proven track record in complex building and property disputes

  • Practical, strategic, and cost-effective solutions

  • Rapid action to protect your financial position
     

When it comes to building dispute lawyers in Victoria, few firms have our level of recognition, expertise, and results.

Don’t Wait – Protect Your Rights Today

Builder bankruptcy, insolvency, or liquidation is stressful — but you don’t need to face it alone. Acting quickly is crucial. The earlier you engage us, the more options we have to protect your interests.

 

Book a consultation today with one of our expert construction lawyers in Victoria. Let us help you secure your project, recover your losses, and move forward with confidence.

Contact us now for a consultation.

Frequently Asked Questions

1 / What is the Building and Plumbing Commission (BPC)?

The BPC (formerly VMIA, VBA, and DBDRV combined) is the new body that administers building regulation, dispute resolution, and Domestic Building Insurance in Victoria.

2 / Can I claim through the BPC if my builder goes into liquidation or bankruptcy?

Yes. If your builder is declared insolvent: whether through bankruptcy or liquidation — you can lodge a claim under Domestic Building Insurance with the BPC. However, the claims process can be complex, and the payout offered may not always reflect your true losses.

3 / Why should I use a lawyer instead of handling the claim myself?

Many clients who handle BPC claims on their own accept lower payouts than they are entitled to. Our lawyers manage the entire process, build strong evidence, challenge underpayments, and fight to maximise your compensation.

4 / How long does a BPC Domestic Building Insurance claim take?

It depends on the complexity of your case, the evidence required, and whether the BPC disputes parts of your claim. With legal representation, the process can often move faster and with less stress, as we take over the paperwork and negotiations.

5 / What losses can I recover if my builder is insolvent or in liquidation?

You may be entitled to recover the costs of:
 

  • Completing unfinished work

  • Fixing defective work

  • Losses related to delays or additional expenses

  • Losses related to alternative accommodation or additional expenses
     

Our role is to ensure all of these are included and properly argued in your claim.

Get in Touch

We understand that legal issues can be extremely time sensitive, and delays can put your case at risk.

We'll ensure a lawyer will get back to you within 24 hours, if not sooner.

For even faster response time, call us now: 

 

03 9111 9908

Thank you! We'll get back to you within 24 hours.

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