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## Background of the Situation

I have been dealing with a QBCC complaint list for the past two years regarding three renovation building contracts. Currently, there are six open QBCC cases due to various issues related to building defects and non-compliance with the contracted work.

## Issues with the Contracts

Apart from the building defects, we have faced problems with the delivery of the contracted work. We paid for flat floor bathrooms with full waterproofing, but what was delivered were shower recesses with no waterproofing. QCAT has refused to accept our civil case until QBCC completes their investigations. Furthermore, QBCC has not issued a notice to rectify the issues, stating that it is a contractual matter rather than a quality of work problem. The slow response time of QBCC, taking 7-9 months to send someone out, has prolonged the process significantly.

## Progress with QBCC Cases

Two out of the six QBCC cases have been closed in our favor, with the builder receiving fines and demerit points for failing to rectify the issues. However, the remaining three cases are still pending and awaiting inspection next month. Just three weeks after receiving the notices, the builder has applied for External Administration with ASIC.

## Concerns with the Builder’s Actions

Within four weeks, the builder has established a new business entity under a different name, with the same director and secretary, and has obtained a new QBCC license. The previous business has been listed under external administration, while the new entity is already trading under the new business numbers. This rapid change of business structure raises concerns about the builder’s ability to evade penalties and the lack of supervision by regulators.

## Can I Pursue Legal Action?

My main concern is whether I can still pursue legal action against the builder regarding the contractual issues despite their external administration status. I am unsure if this situation constitutes phoenix activity or not. The complexity of the business structure, operating within a multi-state, multi-retail store environment, further complicates the matter.

## How AI Legalese Decoder Can Help

AI Legalese Decoder can assist in deciphering complex legal terms and procedures related to external administration, phoenix activity, and contractual disputes. By utilizing this AI tool, you can gain a better understanding of your legal rights and options in dealing with the builder’s actions and seeking resolution for the contractual issues. This technology can provide valuable insights and guidance in navigating the legal complexities of the situation.

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