Fremantle builder Adrian Burt (Reg. BP11792 – no longer registered), trading as Adrian Burt Homes Pty Ltd (Reg. BC11891– no longer registered), has been ordered by the State Administrative Tribunal (SAT) to pay a fine of $20,000 after admitting to fraudulent conduct and negligence under the Building Services (Registration) Act 2011.
In a settlement finalised in the SAT on 23 April 2015, which resulted from disciplinary action by the Building Services Board, Mr Burt admitted:
- to fraudulent conduct in that he forged and lodged five certificates of home indemnity insurance in relation to building work carried out at properties in Como, East Fremantle, Applecross, Menora and Bicton between December 2008 and November 2010; and
- he was negligent in that he, as managing director and nominated supervisor of the company, caused it to commence building work at the Bicton property without having first applied for or being granted a building permit.
The builder’s registrations of Adrian Burt Homes Pty Ltd and Mr Burt were cancelled or have not been renewed since 1 November 2012 and about 1 February 2013 respectively.
“In carrying out this conduct, Mr Burt has shown a blatant disregard for the building laws and for the rights and the safety of the home owners who engaged his services,” Building Commission Acting Executive Director Mr Moshe Gilovitz said.
“Home indemnity insurance is an important protection for consumers and failure to obtain a valid policy when required puts the consumer at significant risk of financial loss if the builder cannot complete the building work or meet a valid claim for faulty or unsatisfactory building work because of death, disappearance or insolvency.
“Allowing the company to carry out a building service without a building permit is yet another irresponsible act by this builder, with the potential to cause harm to individuals and property.
“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.”
For information on builders’ responsibilities, visit the Building Commission website www.dmirs.wa.gov.au/building-commission, phone 1300 489 099 or email email@example.com.
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