Media statement from Commerce Minister Sue Ellery
- Nicheliving to lose building contractor registration, with directors barred from seeking re-registration for 10 years
- Company withdraws State Administrative Tribunal review application meaning decision to refuse to renew the company's building contractor registration stands
- Homeowners now able to continue with home indemnity insurance claims and complete their home builds with a builder of their choice
The Cook Government has taken decisive action to provide Projex Management & Construction Pty Ltd (Nicheliving) customers affected by protracted delays with a clear pathway forward so they can complete their homes.
Under an agreement between the Cook Government and Nicheliving, the company has accepted the Building Services Board's July 2024 decision to refuse to renew its building contractor registration on financial grounds.
Nicheliving's withdrawal of its State Administrative Tribunal appeal enables affected homeowners to finally commence or continue claims through their home indemnity insurance policies and appoint a new builder of their choosing.
The directors of Nicheliving, Mr Ronnie Michel-Elhaj and Mr Paul Bitdorf, their spouses and a number of related entities have agreed to not apply to be a registered building contractor or to own or control a registered building contractor business in Western Australia for the next 10 years.
In order to secure Nicheliving customers a pathway forward to complete their homes, and protect future homebuilders for the next decade, the Cook Government has agreed to waive Nicheliving's insurance liability through the home indemnity insurance policy.
Comments attributed to Premier Roger Cook:
"Our priority from day one has been about protecting those Western Australians who have been waiting far too long for Nicheliving to complete their homes.
"This gives those homeowners a pathway forward to get their homes built, so they can move in sooner rather than later and no longer need to deal with Nicheliving.
"Helping impacted customers move on with their lives in their new home, and ensuring the people behind Nicheliving are banned from signing up homebuilding customers in WA for the next ten years, is a good outcome."
Comments attributed to Commerce Minister Sue Ellery:
"The Cook Government's key priority has been to provide a way forward for Nicheliving customers who have experienced years of stress and financial hardship while waiting for their homes to be completed.
"While we were confident that Nicheliving would have been unsuccessful in its review application before the State Administrative Tribunal, we wanted to ensure that affected customers would have immediate certainty and be able to take steps to progress their builds now.
"This agreement provides relief for more than 200 homeowners, who now have a clear path for accessing compensation through home indemnity insurance and completing their home builds with other builders.
"Nicheliving customers should now contact insurer QBE for assistance with lodging their insurance claims and finding a new builder to complete their homes.
"The 10-year exclusion period sends a clear message about the type of conduct this Government will not tolerate."
- Link to original State Government statement: https://www.wa.gov.au/government/media-statements/Cook%20Labor%20Governm...
