Builder failed on contractual obligations (Timothy John Bushe-Jones/Bushewood Construction)

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BuilderConsumer

Timothy John Bushe-Jones, trading as Bushewood Construction, has been successfully prosecuted by the Building Commissioner for failing to meet his responsibilities under a home building contract.

Bushe-Jones was found guilty of two charges at the Perth Magistrates Court on 29 November 2013. He was ordered to pay fines of $950 and court costs of $1,161.15 and was given a spent conviction.

The charges were for offences under the Home Building Contracts Act 1991 and related to a verbal contract entered into in June 2011 for a renovation and extension of a Mount Claremont dwelling carried out between June and November 2011.

The work was valued at $100,000 and included replacing a tiled roof with metal, constructing a rear deck, replacing a carport, raising the laundry floor and building a framework to the laundry to make two rooms including a study.

The charges against Bushe-Jones, the builder, were for:

  1. failing to ensure the home building work contract was in writing, setting out all the terms, conditions and provision of the contract, and that the contract was dated and signed; and
  2. performing the home building work without a policy of home indemnity insurance.

    “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.

    “Consumers can protect themselves by asking for a written contract, ensuring they understand the terms and conditions before signing it, and checking they are not being asked to pay a deposit of more than 6.5% of a home building contract valued within the specified price range.

    “The act is in place for a good reason; it protects both the home owner and persons undertaking home building and associated work.

    “The Building Commission will continue to prosecute and name those who break the law and put consumer interests and the reputation of the building industry at risk.”

    More information on the builders’ responsibilities and the relevant laws is available on the Building Commission or contact 1300 489 099 or bcinfo@commerce.wa.gov.au.

     

    Building Commission
    Department News
    17 Dec 2013

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