What happens if my builder goes broke mid-project?
The short answer
Stop paying immediately, secure the site, and lodge a claim on your home warranty insurance if the contract was above your state's threshold. Do not engage a replacement builder before the insurer has assessed it.
TradieAnswers editorial · written in-house and sourced to the authorities listed below
Checked against 5 published sources, listed in full at the end of this page. How we source this
This is the situation the insurance exists for, and the order you do things in materially affects whether you are covered.
In the first week
- Stop all payments, including any scheduled progress claim, even if a claim was issued before the insolvency.
- Secure the site. You become responsible for it, including safety and weather protection, and unfinished work deteriorates quickly.
- Photograph everything, comprehensively, with dates. This is what the assessment will run on.
- Notify the insurer and lodge a claim. There are time limits and they are enforced.
- Register as a creditor with the appointed administrator or liquidator, understanding that unsecured creditors usually recover little.
The mistake that costs the claim
Engaging another builder to press on before the insurer has assessed the incomplete work is the most common way a claim is reduced or refused. The insurer needs to establish what was and was not completed at the date of insolvency, and once new work has been built over it, that becomes impossible to determine.
If the contract was below the threshold
There is no insurance, and the position is a general creditor claim plus whatever the consumer guarantees give you against an entity with no money. That is the practical argument for not structuring a project as several small contracts to sit under a threshold, which is something builders occasionally suggest.
Sources
Every source below was fetched and its response recorded on the date shown. Where a government site blocks automated clients, that is noted rather than reported as a successful check.
- What is icare HBCF and why do I need it? · icare NSWChecked 2026-08-11 · responded 200 OK
- Home warranty insurance obligations · Queensland Building and Construction CommissionChecked 2026-08-10 · responded 200 OK
- Building contracts · Consumer Affairs VictoriaChecked 2026-08-10 · responded 200 OK
- NSW Civil and Administrative Tribunal · NSW Civil and Administrative TribunalChecked 2026-08-10 · responded 200 OK
- Victorian Civil and Administrative Tribunal · Victorian Civil and Administrative TribunalChecked 2026-08-10 · responded 200 OK
Read next
More building & renovation questions
All 34 →- Do I need a building permit for this work?
- Do I need a permit to build a deck?
- Do I need approval for a pergola, carport or shed?
- Do I need approval for a retaining wall?
- What is an owner-builder permit and should I get one?
- What is a variation and can a builder charge whatever they like?
- Can I remove asbestos from my own home?
- Is cutting tiles, concrete or stone dangerous?
- Do I need approval to knock out an internal wall?
- What does a building inspection actually check?
- What are the accessibility requirements for a new home?
- What is a NatHERS star rating and does my renovation need one?