Malaga company ordered to cough up for contractual offences
Malaga building company Barrowman Holdings Pty Ltd, trading as Perth Window and Door Replacement Company, and its sole director Stuart William Barrowman have been successfully prosecuted by the Building Commissioner for failing to meet their responsibilities under a home building contract.
Barrowman Holdings was found guilty of three charges by the Fremantle Magistrate’s Court on 25 June 2013 and was ordered to pay fines totalling $3,750 and costs of $147.50. In the same court hearing Mr Barrowman was found guilty of one charge and was ordered to pay fines totalling $500 and costs of $147.50.
All of the charges were for offences under the Home Building Contracts Act 1991 (the Act) and related to work carried out at a Winthrop property between 26 September 2011 and 29 November 2011.
The first charge against the company was for entering into a contract which provided that the company was entitled to demand or receive a deposit of more than 6.5% of the total amount payable before the commencement of home building work.
The second charge was for failing to provide the home owner with the prescribed notice required under section 4(3) of the Act.
The third charge was for the company failing to provide a signed copy of the contract to the owner before the commencement of the home building work.
As an officer of the company that consented to the company’s actions, Mr Barrowman also committed an offence under section 30(1) of the Act which resulted in the one charge against him as an individual.
“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,” said Acting Building Commissioner Sandy Randall.
“The Act is in place for a good reason; it protects both the home owner and persons undertaking the home building work.
“The Building Commission will continue to prosecute and name those who break the law and put consumer interests and the reputation of the building industry at risk.”
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Amanda Iannuzzi, Media Liaison Officer, 9476 1335 or 0407 448 239 email@example.com
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