A Mount Lawley tradesman must pay almost $10,000 in fines and costs after pleading guilty to nine charges brought by the Building Commissioner in relation to projects at three Perth properties.
Phillip Davies-Morgan, of MDM Industries Pty Ltd, trading as Perth Ceiling Fixers, provided renovation work at homes in South Lake, Dianella and Morley in 2015 and 2016.
At a hearing last month, Perth Magistrates Court heard that the company, now in liquidation, was not registered as a building contractor or painting contractor as required for the type of work contracted and carried out at the properties.1
The court was also told that the company requested and received a 50 per cent deposit from the Morley home owner, in breach of WA’s home building contract legislation.2 When no work has been done or materials delivered, the maximum deposit allowed is 6.5 per cent of the value of the contract.
In addition, the company did not have home indemnity insurance in place while working at the Dianella and Morley homes2, and it failed to comply with an order from the Building Commissioner to remedy workmanship issues at the Morley project.3
As an officer of the company, Mr Davies-Morgan was found to be the key player in the offences. He was fined a total of $9,000 and ordered to pay costs of $737.
“This is a significant penalty that shows the importance of building laws and their role in protecting consumers,” Building Commissioner Ken Bowron said.
“Registration is not only a legal requirement for prescribed building work, it also ensures the builder or painter has appropriate qualifications. Likewise, the lack of insurance exposed both owners to risk while the deposit was much greater than the maximum allowed.”
Mr Bowron encouraged home owners to check the Register of Builders and the Register of Painters (via www.dmirs.wa.gov.au/building-and-energy) before committing to a building contract in excess of $20,000 or a paid painting service valued at more than $1,000.
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- Under the Building Services (Registration) Act 2011, building work valued at more than $20,000 and requiring a building permit must be contracted and carried out by a registered building contractor. Likewise, only registered painters can provide paid painting services valued at more than $1,000.
- Home Building Contracts Act 1991.
- Building Services (Complaint Resolution and Administration) Act 2011