Builder fined for negligent conduct
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East Perth builder Predrag Jedinko Turibaka (reg. BC9323 & BP9323) has been fined $1,000 by the Building Services Board for negligent conduct under the Building Services (Registration) Act 2011 in relation to residential building work projects in West Leederville and Fremantle.
Mr Turibaka failed to ensure building permits were issued in his name prior to the commencement of the building services, which is an offence under the Building Act 2011. Mr Turibaka also failed to ensure policies of home indemnity insurance were in place before carrying out the work, as required by the Home Building Contracts Act 1991.
In early 2013, Mr Turibaka and the owners of the West Leederville property agreed that the owners would obtain an owner-builder permit and enter into a home building contract with Mr Turibaka, who would build their house.
The parties entered into a lump sum building contract in February 2013 for the construction of a three-storey single dwelling valued at $1,396,750. In May 2013, the owners applied for and were issued with a building permit from the Town of Cambridge, which showed no evidence of the owners’ arrangement with Mr Turibaka and did not name him as the builder. The building work commenced in November 2013 and was due to be completed in November 2015.
A similar arrangement was struck with the owners of the Fremantle property. In December 2013, the owners were issued with a building permit by the City of Fremantle, which did not show any evidence of their arrangement with Mr Turibaka. A lump sum building contract was entered into by the parties in December 2013 for the construction of a three-storey single dwelling valued at $360,000. The building work commenced in March 2014 and was completed in June 2015.
The offences came to the Building Commission’s attention during a routine compliance audit. Technical inspections carried out as part of the audit found no issues with the quality of the building work.
In determining the penalty to be imposed, the Board took into consideration Mr Turibaka’s cooperation with Building Commission investigators, that his non-compliance appeared to be unintentional and his assurances that he would not participate in such conduct again.
“While the audits found no issues with the quality of building work in this instance, Mr Turibaka’s conduct exposed the owners to significant risk of financial loss should he die, disappear or become insolvent,” Building Commissioner Peter Gow said.
“It is the responsibility of anyone intending to carry out building work to be aware of their obligations under the building laws. The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”
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