Fine against south-west builder follows $23,000 payment – Mark Anthony Wells (BC12740) trading as Mark Wells Designs

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A Cowaramup-based builder has been fined $1,500 by the Building Services Board for not complying with an order to rectify issues at a property near Mandurah.

The recent penalty against Mark Anthony Wells (BC12740), trading as Mark Wells Designs, follows a separate payment of more than $23,000 last year in relation to the same property.

During 2016, the owner of the Madora Bay home identified several workmanship issues with renovation work and a swimming pool installation carried out by Mr Wells as the builder, at a value of around $273,000.

After unsuccessful attempts to resolve the matter directly with Mr Wells, the owner lodged a complaint with the Building Commission (now Building and Energy).

The Building Commissioner later issued a building remedy order, which required
Mr Wells to rectify the issues within specified timeframes. Some of this work was completed, but a number of items remained outstanding by the due dates.

The remaining items were converted into monetary order and Mr Wells was required to pay $23,489 to the owner. This order was upheld by the State Administrative Tribunal and the full amount has since been paid.

The recent $1,500 fine stems from the Building Services Board’s finding that Mr Wells had fallen short of the standard expected of registered building service contractors by failing to comply with the Building Commissioner’s initial order.

Building Commissioner Ken Bowron welcomed the Board’s decision.

“While Mr Wells’ compliance with some parts of the order should be acknowledged, the Board found that he showed a lack of accountability by not actioning these matters promptly, efficiently and in person,” Mr Bowron said.

“While the vast majority of building service providers carry out their work with diligence and integrity, this outcome should send a clear message that we will take action against those who do not meet their obligations.”

Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

Building Commission
Media release
11 Oct 2018

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