BGC Class Action

BGC Class Action

Omni Bridgeway has agreed to fund a class action against companies in the BGC Housing Group on behalf of persons who entered into home building contracts with BGC companies under the Home Building Contracts Act 1991 (WA) (Act) (Homeowners).

The class action will be conducted by Morgan Alteruthemeyer Legal Group (MA Legal Group).

Homeowners who entered into home building contracts with a BGC Home Build Company between 1 July 2019 and 30 June 2022 are invited to sign up with Omni Bridgeway below. The commencement of proceedings is subject to sufficient interest and participation in the proceedings by affected Homeowners.

Background

The BGC Housing Group are privately owned companies based in Western Australia which, among other things, are engaged in the construction of residential homes.

The BGC Housing Group operates through three companies in the Group, being:

1. Ventura Home Group Pty Ltd (093 870 618) (Ventura);
2. BGC Residential Pty Ltd (052 543 450) (BGC Residential); and
3. J-Corp Pty Ltd (009 063 076) (J-Corp).

(Together, the BGC Home Build Companies).

The above companies operate as builders under different business names including:

Homeowners have complained of extensive delays and other issues in the completion of their home builds by one of the above BGC Home Build Companies.

Class Action Eligibility

Homeowners who entered into home building contracts with one of the above BGC Home Build Companies between 1 July 2019 and 30 June 2022 and have suffered loss or damage as a result of delays to their home build and that have not otherwise received adequate compensation, are eligible to participate in the proposed class action.

The Claim

The claim will allege:

1. certain breaches of the Act and contract claims against the BGC Home Build Companies on its standard form contract, in particular in relation to:
   1. delays to the completion of the build;
   2. extension of time notices relating to general COVID-19 related delays and supply issues;
   3. price increases purportedly issued pursuant to clause 3(e) of the Home Build Contracts; and
2. that the BGC Home Build Companies are liable to compensate group members for their loss and damage caused by the breaches.

How much will it cost to take part in the class action?

The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.

There are no costs involved for group members who wish to take part in the class action. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to BGC or any other respondents.

Will my current build be affected if I join the class action?

No. BGC cannot lawfully suspend or delay your current build simply because you join the class action.

Can I join if I already have an existing complaint against BGC?

Pursuant to clause 14.1.7 of the Funding Agreement, the Claimant must opt out of or discontinue any other proceeding conducted against the Respondent (BGC), if the claims pursued in that proceeding overlap with the claims in the proceedings funded by Omni Bridgeway.

Claimants who have signed the Funding Agreement cannot seek to reach an individual settlement with BGC.

What happens if BGC goes into liquidation?

If you have a current build and your BGC Group company goes into liquidation, your home indemnity insurance will respond to financially assist you with completing your build.

If the BGC Group company goes into liquidation after your build is complete, you can still access your home indemnity insurance for workmanship and warranty claims.

Does it impact my home indemnity insurance?

The BGC (Australia) Group Class Action will not impact your home indemnity insurance. 

How do I sign up?

The commencement of proceedings is subject to sufficient interest and participation in the proceedings by affected Homeowners. Omni Bridgeway encourages all group members who wish to participate in the proceedings to sign up so that Omni Bridgeway can include you as a ‘known’ funded group member and ensure you receive regular updates regarding the class action and, most importantly, so that any distribution from the proceeds of the class action to which you may be entitled is properly paid to you.

To sign up, you can do so by clicking on the “sign up” button below. Alternatively, you can contact the Omni Bridgeway Client Liaison Team by email on [email protected] or free call 1800 016 464.

Please return your completed and signed Funding Agreement and Retainer as soon as practicable.