Fidelity Fund protects homeowners through a package of measures that includes tighter controls, annually updated builders’ cover, and compulsory Fidelity Fund NT Certificates.
Fidelity Fund NT was introduced in response to a number of builders going bankrupt in the Northern Territory, leaving families with uncompleted houses and little chance of getting their money back.
Every time a builder goes bankrupt, there is an enormous ripple effect on consumers and tradespeople who are caught up in the mess. It undoubtedly leaves a dent in people’s confidence in the building industry. Our certificates, assessment of builders capacity and capability, and compliance audits act as important preventative measures, as well as ensuring work gets completed.
Fidelity Fund NT Certificates protect homeowners against financial loss from defective work or non-completion only when a builder has:
died
disappeared
become insolvent or
had their registration suspended or cancelled.
These are called ‘Trigger Events’.
Builder declares bankruptcy
At this point, the builder has broken their contract and you can make contact with Fidelity Fund NT. Each circumstance is different, but homeowners can apply to access the rights covered in their certificate.
How Much You Can Claim
As a homeowner, you may benefit from up to $200,000 toward completing or remedying your home if it is:
incomplete (a non-completion event) or
deemed defective during the period of the consumer guarantees.
This cover is capped at 20% of the contract price. If you are claiming for both defective work and non-completion, the cap is still $200,000.
A Fidelity Fund NT Certificate covers non-structural defects for up to a year, and structural defects for up to six years.
Cost
As with all insurance policies, Fidelity Fund NT does charge a fee for its services. However, our fund is not-for-profit and these fees help us to administer and deliver our services, as well as pay out claims.
The cost of the scheme is calculated based on the contract value of the new home, unit, or extensions. For example, for a building contract between $350,000 and $399,999, the cost of the certificate is $3,587.00
Unlike insurance cover, Fidelity Fund NT is an industry run, not-for-profit trust administered by a Board of experienced trustees. That means, all fees paid go into a pool of money that accumulates over time and is available for when claims are made.
Fees also cover Fidelity Fund NT’s administrative costs, which include:
● accountants checking the financials of all builders seeking registration
● actuaries managing the fund
● consumer education
● engaging a compliance auditor to:
○ keep an eye on projects
○ make spot checks to ensure work is performed in a timely manner.
Lodge a Claim
To lodge a claim, contact Fidelity Fund NT on 08 8922 9680 or info@fidelityfundnt.com.au
Your Responsibilities
Fidelity Fund NT is what is known as a scheme of ‘last resort’, which means your builder has to die, be declared bankrupt, disappear or be deregistered before you can lodge a claim.
As a consumer, you are still responsible for:
getting competitive quotes
taking care when selecting your builder
not providing more than a 5% deposit
not making progress payments unless work has been completed satisfactorily.
Twenty percent of the contract cost is normally sufficient to cover any losses if you don't make progress payments until work is completed.
Progress payments
Current building regulations set the following progress payments at a maximum of:
5% deposit
10% base stage
20% frame stage
25% enclosed/lock up stage
30% fixing stage
7% practical completion
3% final payment after issue of occupancy permit or builder’s declaration.
Builders can only request payment through an invoice after making a declaration that the stage has been completed. For more information on NT residential building regulations, go to theNT Government website.
Dispute Mediation
The Building Regulations also include provisions for Northern Territory Consumer Affairs to mediate, should disputes arise between builders and homeowners while the builder is still in business.
If your dispute does not meet the criteria to make a claim with Fidelity Fund NT read When You Can Lodge a Claim,
you must resolve disputes before the Commissioner of Residential Building Disputes, or other dispute resolution procedures.
For more information on residential building insurance, go to the NT Government website.
Fraud & criminal behaviour
Fidelity Fund NT does not protect you against criminal behaviour – insurance does. If you are worried about a builder’s behaviour, seek advice fromNT Consumer Affairs.
The NT scheme contains several checks and balances that can mitigate the risk of fraud, such as:
builders having to be registered
random inspections by a compliance auditor
limits on progress payments.
With the above checks in place, fraudulent behaviour is more likely to be noticed, such as a builder:
Fidelity Fund NT is a separate entity from theMaster Builders Association NT(MBANT). MBANT provides secretarial and administrative support to the trustees.
Financial information sought as part of builders’ registration with the scheme is checked by specialist independent assessors and builders’ records are kept as strictly confidential and not made available to external parties.
Builders’ records are kept confidential and there is a privacy policy in place.
There is a contingency plan for back up records to be kept off site.