Coast couple go to court to force QBCC to pay insurance

After QBCC rejected Coast couple's insurance claim, they went to court and won.

ON THE ROCKS: Kerrie Schofield of Tinbeerwah took on building regulator QBCC over a Home Warranty Insurance claim and won. Picture: John McCutcheon

A SUNSHINE Coast couple have secured a victory over the Queensland Building and Construction Commission's Home Warranty Insurance which twice rejected their claim in relation to their home left unfinished by their builder.

Kerrie and Russell Schofield were forced to go to the Queensland Civil and Administrative Tribunal (QCAT) to enforce a decision in their favour they say should never have been in dispute.

Success has not come cheap. Even though Ms Schofield did most of the heavy lifting herself, their QCAT submission has still cost $20,000.

They are waiting to see if QCAT would deliver a costs judgment in their favour.

Mrs Schofield was still working as a casual nutrition assistant at Sunshine Coast University Hospital after having to quit her permanent part-time position and go casual during the process. The stress meant her husband had to forego a lucrative maintenance supervisor role in South Africa and return to work in Australia.

The couple who have lived in a shed adjacent the incomplete house for much of the past three years, said they were fortunate they were able to fight for the justice they've now secured.

"Others would have folded with deadlines on mortgages and rent,” Mrs Schofield said.

"We were in a position to fight and we did and won.”

They were now waiting to an independent assessor's report to determine the schedule of works to be completed which they expect to receive by deadline this week.

The Schofields lodged an appeal with QCAT in February 2018 against the QBCC's decision to reject their claims, didn't get a hearing until last December and only received the decision in their favour in March, 2019.

They had first approached the QBCC in March-April 2017 after being asked by their builder to pay in advance for work still to be done.

"It would go a fortnight with no work, tradesman would come and do a bit and then go because they weren't being paid (by the builder),” Mrs Schofield said.

"We were so sure we would be given insurance. We were in contact with the one (QBCC) officer for six months.

"When they knocked us back we couldn't believe it. We sent evidence and were told they weren't a court of law.

"The builder provided no evidence and they took his word. We had hundreds of emails to prove what we said.

The QBCC failed to directly respond when asked why, given the evidence provided it by the Schofields and given the Schofields had been in regular contact with the QBCC, it had been unable to reach the same conclusion QCAT did and provide the insurance cover when it was claimed.

"As this particular claim is still under consideration the QBCC won't be commenting on specific details,” a spokesperson said.

"We can confirm that the insurance claim has progressed since the QCAT decision was handed down.

"QCAT hearings provide an important opportunity for cross-examination of parties and can involve new evidence being presented. This may result in new information being obtained post any decisions made earlier by the QBCC.

"Any assessment reports that are able to be given to home owners are always given in due course once any claim assessment or decision has been made by the QBCC.”

Originally published as Coast couple go to court to force QBCC to pay insurance