Company fined for failure to comply with orders

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Como building company Richmount Enterprises Pty Ltd (BC11026) has been fined $1,000 by the Building Services Board for failing to comply with orders of both the Building Commissioner and the State Administrative Tribunal (SAT).

The builder’s conduct was in relation to work it contracted for and carried out at a Mindarie property between September 2006 and April 2008. The home building work contract was for the construction of a two-storey dwelling with an undercroft residential dwelling valued at $917,514.

Having identified numerous faults with the building work carried out by Richmount, and dissatisfied with the builder’s numerous attempts to rectify the faults during the next five years, the owners lodged a building service complaint with the Building Commission in June 2013. The Building Commissioner issued Richmount with a building remedy order requiring the rectification of 19 items by 2 March 2014.

On 2 April 2014, the owners lodged a further complaint with the SAT about a leak in the swimming pool constructed by Richmount. The complaint was referred to the SAT, which ordered the builder to rectify the issue by 31 December 2015.

Richmount failed to comply with both orders by their due dates.

“Richmount had a responsibility to ensure the rectification of building work was carried out in a workmanlike manner and within the timeframe of the orders,” Building Commissioner Peter Gow said.

“While the builder voluntarily surrendered its building contractor registration on 11 February 2016, the Building Services Board is still able to consider a disciplinary matter and a fine was considered appropriate.”

The Building Commission is in the process of converting the building remedy order into an order to pay the owners. The SAT order was converted to an order to pay the owners $6,093, which Richmount has complied with.

“This case is a reminder to anyone who carries out building work that the Building Commissioner or State Administrative Tribunal can order them to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order,” Mr Gow said. “The Building Commission will continue to hold to account and name those who put the public interest and the integrity of the building industry at risk.”

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Media release
20 Jun 2016

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