The owner wants you to finish. Reset the deal first.
Treat the call as a fresh deal
When the owner rings after the builder has collapsed, it can feel like a quick way to save the job and keep your crew moving. It is also a reset point. You are not simply finishing the old contract. You are deciding whether to take on a fresh arrangement with fresh scope, fresh payment timing and fresh risk. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
Put that reset in writing before you lift a tool. Business.gov.au says a contract should name the parties, describe the work, set out payment terms, show when payment is due and deal with disputes. If the owner wants you on site, ask for a signed contract that matches the job you will actually do. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
Put payment ahead of remobilising
Do not remobilise on a promise. Agree a deposit or a first progress payment before you start, then tie later payments to clear milestones or dates. Business.gov.au also notes that payment terms are part of the contract, so the money side should be written down before the work restarts, not argued about later. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
If the owner says the builder’s insurance, lender or liquidation process will cover the gap, treat that as a separate issue. Your cash flow should not depend on a rescue that has not arrived. A short written schedule with due dates, invoice references and a real first payment keeps you out of the role of banker. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
Source: Official guidance
Keep the old debt out of the new file
Do not assume the owner has taken over the builder’s old debt to you. That debt belongs in the old file, while the new work belongs in the new file. Keep the two deals separate in your records, invoices and emails so no one can blur what was owed before and what is owed now. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
If the owner wants to pay something toward the collapsed builder’s account, put the amount, the payer and the reason in writing. If they do not, do not let a casual conversation create that expectation. A clear paper trail protects your position and makes it obvious which money is for which job. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
Check the site before you spend on it
Before you spend on materials, list what is already on site and what you still need to buy. Do not assume leftover stock is automatically yours to use or that it can be treated as free input to the new deal. Confirm in writing who says they can release it and on what terms. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
If the builder is in liquidation, treat the site file as part of a formal process, not a casual handover. ASIC says directors must provide books and records, company information and a written report about the business, property, affairs and finances, which is another reason to keep your own file clean and separate. ([asic.gov.au](https://asic.gov.au/regulatory-resources/insolvency/insolvency-for-creditors/liquidation-a-guide-for-creditors/?utm_source=openai))
Get the paperwork done today
Today’s next step is practical. Draft the new contract, attach the scope, price, payment schedule and start date, then ask for the first money before any crew returns. Keep a short note of the materials already on site and the items you will supply yourself, so the new job is documented from the start. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))
If the paperwork is messy or the owner is pushing for a start before the money is fixed, call CRP today about dispute resolution. CRP coordinates independent qualified professionals and can help you sort the next step without promising an outcome. This article is general information only, not legal advice, and the right move depends on the documents and site facts. ([business.gov.au](https://business.gov.au/people/contractors/prepare-a-contract?trk=article-ssr-frontend-pulse_little-text-block&utm_source=openai))