Nicheliving customers urge government to scrap mystery deal

Nicheliving customers want an urgent meeting with WA Premier Roger Cook after raising the alarm over reports his government was working on a deal with the embattled company to complete the more than 200 unfinished homes on its books.

The state has confirmed it is working on something to help Nicheliving clients – some of who face homelessness after waiting four years to get into their homes – but is yet to reveal any details of the deal.

An unfinished Nicheliving property in Tapping.Credit: Ross Swanborough

Home Builder’s Action Group told Radio 6PR on Tuesday that he believed part of the government’s proposal was to encourage Nicheliving to abandon its State Administrative Tribunal fight to retain its builders’ registration – opening up the possibility of long-suffering customers accessing their home indemnity insurance.

In the joint statement from Nicheliving customers Richard Hamilton and Kathy Ellis on behalf of more than 150 people fighting to get their homes built, they said they believed the government intended to appoint a panel of builders to complete the work.

That would be a major sticking point for the customers who don’t believe the state was capable of vetting builders on the panel.

“The situation we found ourselves in give us no confidence with regard to the state government’s ability to vet and regulate building companies,” they said.

“We also fear that this process would unfairly advantage established builders who share part of the blame for the parlous state of the West Australian construction industry and unfairly disadvantage newcomers who are untarnished by the endemic problems of the sector.”

Hamilton and Ellis have both called on for a meeting with Cook to discuss their concerns.

The customers were also worried about the lack of choice of builder given many had already sourced a new builder to begin work on their homes as soon as they could access their home indemnity.

”[It] will allow little or no say for customers in our choice of builders,” they said.

“This does not respect our rights as consumers, or as citizens of Western Australia. We were competent adults when we signed a contract with Projex/Nicheliving.

“It is a decision that we now regret. Nevertheless, we remain competent adults, and as such, our rights as consumers should be respected.”

The Building Services Board rejected Nicheliving’s builder’s registration renewal in July over concerns about the company’s finances. The SAT temporarily reinstated it in August after the company secured a stay of the decision.

The customers also believe Nicheliving and directors Ronnie Michel-Elhaj and Paul Bitdorf should be held accountable for their actions.

“On balance, we feel that it would be better for the legal process to run its course and Mr Michel-Elhaj and Mr Bitdorf’s conduct be given the public scrutiny they deserve than they be allowed to walk away from the Nicheliving debacle unscathed while we have to live with the financial and emotional consequences for years to come,” they said.

“The optics of any such arrangement would also be very bad, particularly going into an election year.

“[Our] anxiety will not be helped by major decisions about our lives being made in secret backroom deals, without transparency or accountability.”

A spokeswoman for Commerce Minister Sue Ellery said the government was looking at all options to ensure Nicheliving customers’ homes were completed as soon as possible.

“We appreciate consumers have been under enormous stress and uncertainty and speculation only adds to that,” she said.

Premer Roger Cook on Tuesday said the government was looking at a range of options to make the process move quicker.

″Minister Ellery... is undertaking a range of measures and is undertaking a range of meetings to see how we can speed up this process.”

Nicheliving was approached for comment.