Sensational-Adelaide.com

SRW wrote: ↑

Wed Oct 25, 2017 12:11 am

It looks cheap and dated and it's not even finished building.

August Towers developer Build 29 will defend $177,800 lawsuit lodged by Bianco Construction Supplies

Renato Castello, Urban Development Editor, The Advertiser

Adelaide’s billion-dollar construction boom

THE lawyer for a developer of a $35 million luxury city apartment building says his client will defend allegations it owes $177,000 to one of South Australia’s leading building supply companies.

Bianco Construction Supplies is suing developer Build 29 in the District Court alleging the company, which is building the 14-storey August Towers on the corner of South Tce and Hutt St, ignored demands to pay $156,714 lodged between June and August last year.

In its statement of claim, filed last November, the company is also seeking $15,671 in legal and debt collection costs, and $5487 in interest from Build 29.

According to the claim a copy of which The Advertiser obtained through the Courts Administration Authority, Bianco issued a debt collection notice on October 13 last year to Build 29, whose director is Sam Sgherza.

In its claim Bianco Construction Supplies said Build 29 entered into an agreement “to pay for goods and services within the time frame stipulated by the plaintiff’s invoices.”

Bianco Construction Supplies was granted a default judgment for the money in January 18.

But lawyer Matthew Thompson, of Stewart-Rattray Lawyers acting for Build 29, said Bianco Construction Supplies had agreed to set aside the judgement, which he said was issued on a misunderstanding, and that his client will defend the claim.

He would not elaborate on the nature of the defence in the matter which is listed for a hearing tomorrow.

Daniel Schirripa, of Build 29, said that investors have started settling on properties and he hoped of the building would be finished by next month.

“It’s all definitely happening, it’s coming together,” he said of the project which has been under construction since late 2015.

The project also involves restoration of the 1876 State heritage-listed former TPI Association building facing South Tce.

The Advertiser has sought comment from Bianco Construction Supplies managing director Dino Pietrobon.

James Devonish, of Lynch Myer Lawyers acting for Bianco Construction Supplies, declined to comment when contacted this morning.

August Towers apartment builder Build 29 completed $35 million tower without builder’s licence blaming administration error
Renato Castello, Urban Development Editor, The Advertiser
37 minutes ago
Subscriber only

A COMPANY behind a $35 million city apartment tower completed the project without having a builders’ licence but has blamed the oversight on an administrative error.

Build 29, which this week completed construction of the 14-storey August Towers apartments on the corner of Hutt St and South Tce, surrendered its licence on October 10, according to licence details held by Consumer and Business Services.

It is illegal to undertake residential or commercial construction without a building licence with owners potentially unable to make an insurance claim for any defects.

Daniel Sghirripa, of Build 29, told The Advertiser that the information had come to the company’s attention on Tuesday after notification from CBS.

“We are now rectifying the situation as a matter of urgency as the licence was surrendered by mistake as a result of an internal administration error,” he said in an email.

The Advertiser raised the matter with the CBS and Build 29 in the past week after the director of a major Adelaide building firm alerted the paper to the breach.

Build 29 is part of the Sgherza Group, whose director is Sam Sgerzha.

Mr Sgherza and Mr Sghirripa are licensed to undertake residential construction.

A spokesman for CBS said the agency had not received any complaints regarding August Towers.

“Where Consumer and Business Services receives complaints relating to a build those matters are reviewed and investigated as appropriate,” he said.

But The Advertiser has sought further clarification from CBS and Build 29 as to the potential implications to investors from the absence of the building licence, in particular on the company’s builder’s indemnity insurance.

The building licence breach comes after The Advertiser revealed that Build 29 is defending allegations in the District Court that it owes $177,800 to Bianco Construction Supplies.

Bianco has alleged that Build 29 ignored payment demands lodged between June and August last year.

timtam20292 wrote: ↑

Thu Mar 15, 2018 12:45 pm

So what happens now?

Developer and ex-bankrupt Salvatore ‘Sam’ Sgherza on fraud charges

Exclusive — Renato Castello, The Advertiser
March 21, 2018 8:29pm
Subscriber only
Company finished $35m Hutt St apartments without builders licence
Bianco files $177,800 lawsuit against August Towers builder

A PROMINENT property developer is facing 46 criminal charges including allegations he withdrew $146,800 from a bank account just weeks before declaring himself bankrupt.

Salvatore “Sam” Sgherza, 55, is also accused of intending to defraud creditors of $128,000, taking out nearly $40,000 in bank loans knowing he would not be able to repay the money and making false statements while bankrupt, according to a charge sheet filed in the Adelaide Magistrates Court.

The charges, some which carry penalties of up to five years’ jail, have been brought by the Commonwealth DPP following an investigation by the Australian Financial Services Authority into alleged breaches by Mr Sgherza of the Bankruptcy Act.

Mr Sgherza, developer of projects including West Lakes’ Infinity Waters, Crown Marina at North Haven and August Towers in the city, declared himself bankrupt on August 30, 2012.

The West Lakes resident was discharged from the bankruptcy three years later.

The DPP filed the charges against Mr Sgherzha on June 24, 2016 with the matter listed for court argument today.

Among the more serious charges filed against Mr Sgherza — who is yet to enter any pleas — are that on July 12, July 20 and July 24, 2012 he separately “disposed of” $28,000, $50,000 and $50,000 respectively with the intention to defraud creditors before declaring himself bankrupt.

He faces a maximum five years’ jail if convicted of the charges.

Mr Sgherza has also been charged with taking out loans ranging from $500 to $2000 with American Express, National Australia Bank and GE Capital Finance between July 21, 2012 and August 8, 2012 “without having at the time of contracting any reasonable or probable ground or expectation … of being able to pay the debt”.

He is also accused of signing a declaration in August 30, 2012, accompanying his bankruptcy petition, knowing it to be “false” as he had not disclosed the “full amount of moneys owed to a secured creditor and failed to disclose all of his unsecured creditors”.

He is also charged with failing to “fully and truly disclose” to the trustee of his estate information relating to the proceeds of the sale of three motor vehicles in his possession.

Lawyer Andrew Moffa, acting for Mr Sgherza, said he had not received instructions to comment to the media.

The Advertiser revealed last week that Build 29, part of the Sgherza Group, completed the August Towers development on Hutt St without holding a builders’ licence.

The company had blamed the oversight on an administration error.