Builder cautioned for failing to comply with order

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North Fremantle building partnership Mark Desmond Tilbury (BP6681) and Susan Vaughane Tilbury (partnership BC11158), trading as Mark Tilbury Home Improvements, have been cautioned by the Building Services Board for failing to comply with an order of the Building Commissioner.

The building remedy order related to $136,370 in renovation work Mr Tilbury carried out to a Willetton residence from July 2010. Delayed by various defects requiring rectification the project did not reach practical completion until April 2012. Further faults and defects were identified by the owner after practical completion.

Dissatisfied with Mr Tilbury’s attempts to rectify his work, the owners lodged a workmanship complaint with the Building Commission in February 2014.

The Building Commissioner issued the partnership with a building remedy order in September 2014 requiring it to rectify six items of incomplete or unsatisfactory work. The order was not complied with by the 30 October 2014 due date. The owners chose to allow Mr Tilbury to continue with the rectification works, but alerted the Building Commission when the works remained incomplete in December 2014.

On 31 August 2015, the Building Commissioner ordered the Tilburys to pay the owners $2,479.32 for two of the six incomplete or unsatisfactory items which were agreed. The Tilburys disputed three of the remaining items on the payment order, all of which were referred to the State Administrative Tribunal (SAT) for a determination. On 22 February 2016, the SAT found the Tilburys did not comply with the three disputed items and ordered Mr Tilbury to pay the owners $9,928.12. The fourth item was dismissed.

“This case is a reminder to anyone who carries out building work that the Building Commissioner or State Administrative Tribunal can order them to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order,” said Building Commissioner Peter Gow.

“Furthermore, builders who fail to maintain proper standards or who act inappropriately may face disciplinary or prosecution action by the Building Services Board, which can result in a caution or fines.

"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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Media release
19 Apr 2016

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