Byford concreter Christopher Ronald Francis Gordon, trading as Flash Concrete, has been successfully prosecuted by the Building Commissioner for contractual offences he committed while contracting for building work at a Rivervale property in 2014 and a Bull Creek property in 2015.
The Fremantle Magistrates Court fined Mr Gordon $8,000 and ordered him to pay costs of $714 after finding him guilty in his absence of four breaches of the Home Building Contracts Act 1991.
The court found that in relation to both sites, Mr Gordon had:
- failed to ensure that the home building work contract was in writing and signed by both the builder and the owner; and
- entered into a home building work contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of the work (approximately 50 per cent of the value of the contracts).
The Rivervale contract was valued at $13,406.80 and the Bull Creek contract $8,567.70.
“The Home Building Contracts Act sets out the minimum requirements for contracts and applies to home building and associated work valued between $7,500 and $500,000,” Building Commissioner Peter Gow said.
“Home owners can protect themselves from entering a non-complying contract by ensuring they receive and fully understand the information in the prescribed ‘Notice for the home owner’ before they sign the contract.
“This notice outlines the requirements of the Home Building Contracts Act and should be provided to the owner by the builder.
“Further information for home owners is available on the Building Commission website at www.commerce.wa.gov.au/building-and-energy/building-or-renovating-your-home.
“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”
Earlier this year, Mr Gordon was fined $22,500 for breaking consumer law and ordered to pay compensation of more than $4,500 to customers (read the media statement at www.commerce.wa.gov.au/announcements/concreter-who-broke-consumer-law-fined-22500-flash-concrete-chris-gordon). In 2015, Consumer Protection warned Western Australians not to do business with Mr Gordon under his trading name of Flash Concrete after deposits were taken from customers, but the work was not carried out (read the warning at www.commerce.wa.gov.au/announcements/consumer-warning-about-concrete-company-flash-concrete-chris-gordon).
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