$19,000 fine for building offences

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Salter Point man Mal Afrasiabi (BC6365 & BP6365 – expired), a director of the formerly registered Western Australian building company AFRA Construction Pty Ltd (BC12367 – expired) and trading as MAE Contractors (or MAE Constructions WA), has been successfully prosecuted by the Building Commissioner for registration and contractual offences.

The Midland Magistrates Court this month ordered Mr Afrasiabi to pay fines of $19,000 and costs of $1,164 after he pleaded guilty to 12 charges under the Home Building Contracts Act 1991 and three charges under the Building Services (Registration) Act 2011.

Mr Afrasiabi committed the offences between 2013 and 2015 while contracting for and carrying out home building work at three properties, in Ballajura, South Lake and Success.

The value of the work required all three contracts to comply with the Home Building Contracts Act. Two of the contracts required the building service provider to be registered – one in relation to builder work and the other painter work. Mr Afrasiabi’s building contractor and building practitioner registrations and AFRA Construction’s building contractor registration all expired in February 2013.

The contractual offences committed by Mr Afrasiabi in relation to all three contracts included demanding and receiving a deposit in excess of 6.5 per cent of the total value of the work; failing to obtain a policy of home indemnity insurance (HII) for the work; and failing to provide the owner with a HII policy certificate prior to demanding any payment.

The registration offences committed by Mr Afrasiabi were undertaking to carry out a prescribed building service while unregistered; and holding out or implying that he was a registered builder when he was not. This included Mr Afrasiabi using a builder’s registration number that did not belong to him when advertising his building services online.

“Mr Afrasiabi’s conduct put the home owners at risk of significant financial and personal loss,” Mr Gow said.

“His conduct denied two of the owners of their right to engage an appropriately registered building service provider and all three owners of their right to enter into a contract in accordance with the building laws, which exist to protect their and the builder’s interests.

“Consumers are reminded to do their homework before they engage the services of a builder and to avoid dealing with Mr Afrasiabi or any unregistered builder if the building work is valued over $20,000.”

In September 2014, having received numerous building-related complaints, the Building Commissioner warned consumers to be wary of dealing with Mr Afrasiabi while further action was pursued against him through the courts. Read the warning at www.commerce.wa.gov.au/announcements/warning-avoid-dealing-company-and-directors.

The former Builders’ Registration Board successfully prosecuted Mr Afrasiabi in 2009 for five contractual offences. He was ordered to pay fines of $2,350 and costs of $373.70.

Mr Gow said, “The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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Building Commission
Media release
21 Dec 2016

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