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When a customer or builder collapses

Nobody knows who controls the building site.

Site access and company control are separate questions. Establish who may authorise entry and what permission covers before sending workers or collecting property.
Corporate Recovery Partners
Corporate Recovery Partners Paul presenter with the headline: Nobody knows who controls the building site.
01 / 06

Several people claim they can give access

A tiling subcontractor wants tools from a closed development. The owner says to collect them, the former builder's manager says the gate code still works and a security guard says nobody may enter. There may also be an insolvency practitioner involved. The subcontractor needs a clear, lawful access arrangement rather than choosing the most convenient instruction.

02 / 06

Identify the roles separately

Record the property owner, site controller, security contact and any appointed practitioner. Ask what authority each person holds over access and the relevant assets. A familiar site contact may no longer have the same role.

Verify any formal appointment using the correct company details. Do not assume ownership of the land answers every question about materials or company equipment on it.

03 / 06

Describe what you need to do

Provide a list of items, locations and ownership evidence. Explain whether the request is for inspection, making safe or collection. These activities may require different arrangements.

Keep the request limited and factual. A general permission to attend should not be treated as permission to take disputed goods or interfere with another contractor's work.

04 / 06

Obtain the necessary authorisation

Ask for written confirmation from the appropriate parties and check safety, insurance and supervision requirements. If authority is disputed, obtain legal advice before attending.

ASIC explains that voluntary administration can restrict recovery of property used or occupied by the company. Where that process applies, involve the administrator rather than relying only on the owner or former manager.

Source: ASIC - Voluntary administration: A guide for creditors

05 / 06

Record the agreed visit

Confirm the time, permitted activity and person meeting your team. Keep an inventory and receipt for items lawfully collected, noting anything left behind or disputed.

If access cannot be agreed, preserve the evidence and seek the proper remedy. An operational inconvenience does not justify forcing entry or removing assets under uncertain authority.

06 / 06

Arrange access through the correct people

Map the roles and state the exact inspection or collection requested.

Obtain written authority and necessary advice before workers enter the site.

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