Howard Group and TPD Builders case to go to trial in 2019 as subcontractors wait to be paid

Tradies who worked on luxury Coast apartments will endure Christmas without their money after a judge ordered a dispute between developer and builder go to trial next year.

Jim McFarlane from Tasklake Joinery says his family business is owed more than $260,000. Picture David Clark

TRADIES out of pocket after working on luxury Gold Coast apartments will endure Christmas without their money after a judge ordered a dispute between the developer and the builder go to trial next year.

Subcontractors say they’re owed millions for their work on a project by former Supercar driver Mark Howard’s companies and TPD Builders, headed by long-time Howard builder Aaron Thompson.

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Elysium Mermaid Beach.

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TPD Builders lost an initial application alleging it was owed $1.7 million by three of Mr Howard’s companies.

However, Judge Peter Applegarth dismissed the builder’s application, ordering the matter be continued via a statement of claim.

He ordered the parties submit their claim and defence and come up with a trial plan by January 23. The judge ordered TPD Builders pay court costs for the failed first application.

Subbies say they believe the builder’s claim and are planning the unusual move of launching a class action against the developer.

Jim McFarlane, whose family joinery company Tasklake is owed $266,000 for work on the projects, said subcontractors were willing to pay the builder’s legal bills if he continued to pursue Mr Howard legally.

Mark Howard.

Mr McFarlane has organised regular meetings of affected subbies, most of which are small family businesses.

“Some of (the businesses) are, frankly, not going to survive,” he said.

The Queensland Building and Construction Commission suspended TPD Builders’ licence last month after “monies-owed” complaints from subcontractors.

Court documents from the TPD case alleged Mr Howard asked his former neighbour and Harvey Norman Commercial boss Steve Cavalier to send new fridges to one of his projects, despite earlier bills to the retailer not being paid.

Meanwhile, Mr Howard’s company Quintero is fighting a separate court action with the Gold Coast City Council, which has slapped an enforcement notice on its luxury Mermaid Beach development Elysium.

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The council claims airconditioning units have not been installed as approved and that noise is disturbing neighbours of the nine-unit building.

The developer has appealed the enforcement notice in the Planning and Environment Court, claiming the notice was not suitably completed and the project had adhered to its approved conditions and provided all the required acoustic reports.

Mr Howard yesterday said the council case was “not that big a deal” and that all the necessary testing and reporting had been done.

“There’s a complaint about the placement of airconditioning units, it’s being dealt with,” he said.

“Seriously, there must be more interesting things to write about.”