Contractor fined for taking excess deposit – Tuart Hill

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Tuart Hill man Mark Milland has been found guilty in the Perth Magistrates Court of taking more than $25,000 as a deposit on building work valued at $51,000 in Willetton, and failing to provide a prescribed notice.  

The Home Building Contracts Act restricts the amount that a builder may seek as a deposit to 6.5% of the project’s value and requires mandatory documentation be provided to customers. 

“At the time of these offences occurring Mr Milland was utilising the business names ‘Dirt Boys Earthmoving’ and ‘Budget Bobcats’. He was not, and has never been, a registered builder,” Building Commissioner Peter Gow said.  

“Of concern to us is that only an estimated $4,000 worth of work was undertaken before the customer became dissatisfied and asked for the balance of the deposit to be refunded.

“Mr Milland has to date not returned any of the deposit money he wrongfully obtained,” he said.

Mr Milland was fined $4,500 and ordered to pay costs of $467.

“This is a timely reminder for people thinking about entering into building contracts to do their homework before handing over large amounts of money as deposits. 

“The Building Commission has a range of information available to assist consumers and traders understand their rights and responsibilities when doing business with each other,” Mr Gow said.


Fact file:


  •          Home Building Contacts Act - a guide for those entering into a contract for home building and associated works can be found at in the brochures & fact sheet area







Mike Winchester  (08) 9476 1335  M 0409 118 982  E  W   


Building Commission
Media release
02 Apr 2012

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