Director of collapsed Gold Coast builder Queensland One Homes running Phoenix Rural Fencing
THE directors of failed builder Queensland One Homes, and related company Empire Constr uctions have launched a third business, with a name that defies belief.
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DIRECTORS of two building companies under investigation for alleged phoenix activities have launched another business with a breathtaking new name.
Phoenix Rural Fencing and Landscaping is directed by Amber Callender, 37, who is also the sole director of Empire Constructions.
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Ms Callender’s husband Paul Callender, 35, is sole director of Queensland One Homes, which collapsed in July with debts of more than $6 million.
Subbies and customers stung by the collapse are outraged at the couple’s latest venture, claiming the couple is thumbing their noses at them and the system which has allowed them to keep building new businesses while their existing ones are under a cloud.
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The Queensland Building and Construction Commission yesterday placed unprecedented new conditions on the licence of Empire Constructions — but stopped short of suspending or cancelling it.
John Goddard of Subbies United said the new business name was “crude and uncaring”.
“They have such a hide, it’s unbelievable, disgusting,” he said.
“It’s just rubbing salt in the wounds of people who have lost money — they’re thumbing their noses.
“It’s an abomination what they’ve called that business — I can’t put into words how bad it is.”
Since November, Empire’s licence has been conditional on Mr Callender being excluded from influencing its operations.
However the Bulletin has obtained photos of him on an Empire Constructions site, arriving in a Phoenix Rural Fencing branded ute that he conceded was registered to Empire Constructions.
Empire Constructions has vacated its Ormeau office and Ms Callender has gone back to her former career performing cosmetic injections.
Mr Callender explained his presence on the site by saying he was putting up a fence there — even though the property doesn't have a new fence.
The owner of the new home, Vicus Botes said he’d dealt with Mr Callender from the beginning of his contract with Empire Constructions, including during three site visits, up until it was terminated last week.
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Mr Botes had to change the locks and take ownership of the unfinished home, in which an independent certifier has found more than 150 defects.
“The first time I saw Paul on site was before they did the earthworks and he was representing Empire,” Mr Botes said.
“The second time I met him on site was for an inspection, and the third time he was doing the final inspection for the practical completion.”
Amber Callender’s directorship of the Callingle Pty Ltd, the company behind the Phoenix fencing business, does not show up in regular name searches because her surname is spelled “Callendar” on the documents lodged with corporate regulator ASIC.
Mr Callender was sole director of that company, which holds no class of QBCC licence, until December.
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The fencing business was previously called “Kennys Tippers” but took on the Phoenix name in January this year.
Speaking from a building site where he was “building a fence” yesterday, Mr Callender said his ute, branded with Phoenix Rural signage, was registered to Empire Constructions.
He explained his presence at Mr Botes’ former Empire site by saying he was working “as a contractor” to his wife’s company.
“I was putting up a fence. I was contracted to Empire,” he said.
Asked why he would be photographed in the home’s bedroom when he was there to put up a fence, Mr Callender said he’d been accessing a power point.
However, Mr Botes said no new fence had been built on his property.
Mr Callender denied he was breaching the condition on Empire’s licence that specified he could not be an influential person within the company.
“I am allowed to work for Empire, you do know that don’t you?”
After a week of emailed inquiries from the Gold Coast Bulletin, the QBCC last night placed unprecedented conditions on Empire Constructions’ builder licence — but stopped short of suspending or cancelling it.
In the first such conditions ever imposed on a Queensland company, Empire Constructions will have 48 hours to disclose any complaints it receives about its current or completed contracts, and will also have to give the regulator 28 days notice before it novates any of its contracts to other companies.
Under the Act, the commission can immediately suspend a licence without notice if it believes “serious financial loss or other serious harm” will happen to other licences, employees, consumers or suppliers if the licence remains active.
“The QBCC would like to take this opportunity to remind the public and industry about changes to the law in late 2017 that now provide penalties for offences that may be relevant to an excluded person, including the ability for courts to jail repeat offenders who carry out building work without an appropriate QBCC licence,” a statement from the regulator said.
“Those convicted can face up to a year’s imprisonment or a fine of up to $44,152 or for a corporation, $220,762.
“The QBCC urges anyone who believes they have evidence about a person or company performing unlicensed building work to contact us. Evidence that can be provided to the QBCC will assist us with our investigations.”
Mr Callender denied there was any untoward intent in naming the new company “Phoenix” despite his two related companies having been investigated for alleged phoenix activity.
“I think it’s a bit cheeky that you guys are branding all this stuff in the newspaper that is a lot of lies,” he said.
“If I had the money to fight you I bloody would and I’d win. You're printing false information.”
Pressed to clarify what had been false, Mr Callender said “I can’t think of it off the top of my head”.
Queensland One Homes customer Dave Adams, who says he is more than $100,000 out of pocket after building with the collapsed company, was clearer about the situation.
“It’s just frustrating to see that they continue to do stuff like this — I think he’s taking the p***,” he said.
“I think (Mr Callender) doesn’t care about anything that’s happened in the past, and it’s a bit disrespectful to be honest.”
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