Building company fined for lack of supervision

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Margaret River building company Cruiser Pty Ltd (Reg. BC12184) and its sole operator, director and nominated supervisor Neil Francis Kelly (BC11151 & BP11151) have been ordered by the Building Services Board to pay a fine of $2,500 each to the Building Commissioner for building work that was not properly managed and supervised.

The company failed to ensure that a $450,000 renovation it carried out on a commercial building in Subiaco was properly managed and supervised and Mr Kelly, as the company’s nominated supervisor, failed to manage and supervise the work. Both of these are disciplinary matters under the Building Services (Registration) Act 2011.

Work commenced in early September 2010 but was suspended in August 2012 when the property owner claimed defective works and refused to make payments.

In August 2013, the owner lodged a workmanship complaint with the Building Commission. The matter was settled following mediation in the State Administrative Tribunal on the basis the company would pay the owner an undisclosed sum to rectify the works.

“The disciplinary offences committed by Cruiser Pty Ltd and Mr Kelly are significant because they involved failure to carry out the building service in a proficient manner and to comply with the Building Code of Australia,” said Building Commission Acting Executive Director Moshe Gilovitz.

“Anyone intending to break the building laws is reminded that these are serious offences that can not only attract significant penalties but can also compromise public safety.

“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 further information on builders’ responsibilities, visit the Building Commission website or phone 1300 489 099.

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Media release
29 May 2015

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