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 January 2019 and 30 September 2022 are invited to sign up with Omni Bridgeway below.

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:

BGC Residential Pty Ltd (052 543 450)
  1. BGC Invest
  2. Commodore Homes
  3. Go Homes – The Home Builder
  4. National Homes
  5. WA Housing Centre

J-Corp Pty Ltd (009 063 076)
  1. HomeStart
  2. Impressions
  3. Perceptions
  4. Stratawise
  5. Terrace WA

Ventura Home Group Pty Ltd (093 870 618)
  1. Aussie Living Homes
  2. BGC Residential South West
  3. Smart Homes for Living
  4. Ventura Home Group Pty Ltd
  5. Ventura SouthWest

Homeowners have complained of extensive delays and other issues in the completion of their home builds by 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 January 2019 and 30 September 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 Australian Consumer Law and breaches of 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;
    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.

MA Legal Group will also be entitled to their share of “Remaining Costs” as defined in the funding agreement, but only from what is recovered. Fees received by MA Legal Group will not exceed any amount approved by the Court in respect of legal fees. 

How do I sign up?

The class action will be brought on an ‘open’ basis. This means that all persons who meet the above eligibility criteria will be group members in the class action, whether or not they sign a funding agreement with Omni Bridgeway. Should eligible persons not want to be a part of the class action, they will need to opt out pursuant to a procedure implemented by the Court in due course. 
 
Omni Bridgeway encourages all group members who wish to participate in the proceedings and who do not wish to opt out to sign a funding agreement 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.