Builder fined for negligence and failure to supervise

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The Building Services Board has fined Willetton building company Build West Pty Ltd (reg. BC10002) $5,000 and its director and nominated supervisor Shaun Middleton (BP37114) $2,500 for negligent conduct and failing to properly manage and supervise its work.

The Board determined that, in contracting for and carrying out home building work at properties in Churchlands and Riverton between 2013 and 2015, the company and Mr Middleton committed the following disciplinary matters under the Building Services (Registration) Act 2011:

  • Build West was negligent in relation to home building work it carried out at both sites.
  • Build West failed to ensure that the building service at the Riverton site was properly managed and supervised and Mr Middleton, as the company’s nominated supervisor, failed to properly manage and supervise the work.
  • Mr Middleton was negligent in relation to home building work the company carried out at the Riverton site.

Valued at $315,976, the Churchlands home building work contract involved renovations to an existing dwelling. The Riverton home building work contract was valued at $305,634 and was for extensions to an existing dwelling.

The disciplinary matters committed by the company relating to both sites included demanding a deposit before providing the owners with a certificate of home indemnity insurance for work; demanding non-genuine progress payments; carrying out building work that did not meet the requirements of the National Construction Code; and carrying out building work contrary to the approved building plans.

The disciplinary matters committed by Mr Middleton related to the Riverton site only and included carrying out building work that did not meet the requirements of the National Construction Code; and carrying out building work contrary to the engineer’s drawings and the approved building plans, and that was unacceptable and unsatisfactory.

“Build West Pty Ltd and Mr Middleton’s negligent conduct and failure to ensure the work was properly managed and supervised put the home owners’ interests and safety at risk,” Building Commissioner Peter Gow said.

“Home owners who believe they have faulty building work and are getting an unsatisfactory response from their builder may be able to lodge a complaint with the Building Commission.

“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
31 Aug 2016

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