Registered building contractor John Anthony Kaminski (reg. BC3878), as the nominated supervisor for the company TLF Construction Group Pty Ltd (reg. BC11766), has been fined $2,000 by the Building Services Board for negligent conduct and failing to properly manage and supervise a building project, following a disciplinary proceeding under the Building Services (Registration) Act 2011.
The Board found Mr Kaminski was negligent in that he had continued to carry out the construction of a medical centre in Karrinyup after the building permit for the work had expired, an issue he had raised with the director of the company.
Mr Kaminski acknowledged that a number of workmanship issues had continued under his supervision, which resulted in the Board’s finding that he had failed to properly manage and supervise the building project. These issues remained unrectified when the company went into external administration in regards to the Karrinyup building project only in July 2014.
When the administrator appointed Mr Kaminski as the preferred builder to complete the project, he was able to address issues with faulty or unsatisfactory work he had identified earlier. Prior to being appointed by the administrator, Mr Kaminski engaged the services of his own trades and specialists to rectify some of the most critical issues with the work, for which he bore the costs. Mr Kaminski had not been repaid by the company at the time this media statement was issued.
Since taking over the project, Mr Kaminski has continued to engage the services of his own trades and specialists to rectify all issues. The project was completed in August 2015.
In determining the penalty to be imposed, the Board took into consideration Mr Kaminski’s cooperation with Building Commission investigators; that he had provided supporting evidence to his claims; that he had no direct control over the conduct of the company and its director; and his desire to ensure the project was completed in a proper and proficient manner.
The Board has decided to pursue disciplinary action against the company and its director Dan Van Le in the State Administrative Tribunal in relation to this and other building projects.
“This case is a reminder to anyone involved in the building process of the importance of meeting their responsibilities under the building laws,” Building Commissioner Peter Gow said. “The Building Commission and the Building Services Board 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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