Flooring trader fined for contractual flaws

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Connolly man Brendon Anthony Gorman, trading as Instyle Flooring, has been successfully prosecuted by the Building Commissioner for contractual offences he committed in July 2011 in relation to decking work at an Ellenbrook property.

In proceedings finalised in the Midland Magistrates Court on Monday 8 December 2014, Mr Gorman, who failed to appear in court, was in his absence convicted of two charges for offences under the Home Building Contracts Act 1991. The court ordered him to pay fines and costs totalling $3,391.90.

The first charge against Mr Gorman was for failing to ensure the home building work contract was in writing, contained the date and all the terms of the agreement and was signed by both parties. The contract also provided for Mr Gorman to receive a deposit in excess of 6.5 per cent of the total value of work, resulting in the second charge.

Building Commissioner Peter Gow said it was the responsibility of anyone performing home building or associated work to ensure they were aware of their obligations under the building laws.

“Anyone who fails to comply with the provisions of the Home Building Contracts Act faces penalties of up to $10,000 per charge in the case of an individual and $50,000 in the case of a company,” Mr Gow said.

“The Act exists to protect both consumers and the person carrying out the home building work, so for Mr Gorman to flout the laws is just plain irresponsible.

“Consumers should protect themselves by knowing their rights and responsibilities before they engage a person to carry out home building work. You’ll find some helpful information and resources in the ‘Building or renovating your home’ section of the Building Commission website.

"The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”

For more information on the building laws, visit the Building Commission website at www.commerce.wa.gov.au/building-commission, or contact 1300 489 099 or be.info@dmirs.wa.gov.au.

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Building and Energy
Media release
16 Dec 2014

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