Aircon company director guilty of contractual offences
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Bindoon man Maxwell Raymond Healy, the sole director of Solar H C Pty Ltd trading as Affordable Home Comfort (in liquidation), has been successfully prosecuted by the Building Commissioner for contractual offences the company committed in contracting for and carrying out home building work at properties in Baldivis, St James, Sawyers Valley and Hamersley.
At a decision and sentencing hearing on 17 February 2016, the Perth Magistrates Court found Mr Healy guilty of 12 charges under the Home Building Contracts Act 1991. The court ordered him to pay fines of $3,000, compensation of $6,177 to the owner of the St James property, $7,560 in compensation to the owner of the Hamersley property and costs of $5,000.
The court found that between November 2013 and May 2014, the company had:
- failed to ensure the home building work contracts for the Baldivis, Sawyers Valley and Hamersley sites were in writing, contained the date and all the terms of the agreement and was signed by both parties;
- failed to provide the owners of all four sites with the prescribed notice required under the Act; and
- entered into home building work contracts for all four sites that provided for him to receive a deposit in excess of 6.5 per cent of the total value of work. A deposit of 50 per cent the total value of work was demanded for all four sites.
As the company’s actions occurred due to Mr Healy’s neglect he was taken to have committed the offences of the company. The value of the home building work contracts ranged between $14,200 and $15,600. Two of the four owners received no air conditioning or ducting from the company.
In July 2014, Consumer Protection warned consumers to be wary of any dealings with Affordable Home Comfort following a spike in complaints about the company. Read the warning at: www.commerce.wa.gov.au/announcements/concern-after-complaints-against-aircon-business-affordable-home-comfort. In July 2015, an employee of the company and brother of Maxwell, Alwyn Robert Healy, accepted a five-year ban from the air conditioning industry after being the subject of numerous warnings and legal actions by Consumer Protection. Read the media statement: www.commerce.wa.gov.au/announcements/aircon-salesman-accepts-five-year-ban-alwyn-healy.
“The Home Building Contracts Act sets out the minimum requirements for contracts and applies to home building and associated work valued between $7,500 and $500,000,” Building Commissioner Peter Gow said. “Failure to comply with the provisions of the Home Building Contracts Act may result in penalties of up to $10,000 per charge in the case of an individual and $50,000 for a company.
“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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