Breaking Western Australia’s building laws has come at a high price for patio builders Daryl James Hancock of Mundijong and his business partners Tracy Hancock and Terry Jurisic, trading as A.R.M. Patios and Decking, Alltogether Roof Maintenance and Sunset Coast Patios and Decking.
In proceedings finalised in the Armadale Magistrates Court on Thursday 14 May 2015, the trio was ordered to pay fines totalling $102,000 and costs of $2,663.20 after being successfully prosecuted by the Building Commissioner.
Mr Hancock alone was charged with a number of offences under the Home Building Contracts Act 1991. These offences were in relation to four home building work contracts Mr Hancock entered into with owners of properties in Roleystone, Harrisdale, Bedfordale and Willetton between November 2011 and July 2012 and were for:
- failing to ensure the contract was in writing and signed by the builder and owner for work at two of the sites;
- failing to provide the prescribed Notice to the Homeowner for work at all four sites;
- failing to ensure a variation to the contract was in writing and signed by the builder and owner for work at two of the sites; and
- entering into a contract which provided that the builder was entitled to demand or receive a deposit in excess of 6.5% for work at all four sites.
Mr Hancock was ordered to pay fines totalling $22,000 and costs of $1,545.80 for the contractual offences. Mr Hancock was also prosecuted as a co-offender for failing to comply with two building remedy orders issued by the Building Commissioner.
Mr and Mrs Hancock were fined $20,000 each and ordered to pay costs of $276.65 each for failing to comply with an order requiring them to complete a patio at a Coogee property by January 2013.
Mr Hancock and Mr Jurisic were fined $20,000 each and ordered to pay costs of $282.05 each for failing to comply with an order requiring them to rectify a structurally unsound patio at the Bedfordale property by February 2013.
All three parties failed to appear or enter pleas in court and were found guilty in their absence.
“The fines imposed by the court in this instance should serve as a warning to anyone who intends to break the building laws that these are serious offences and significant penalties may apply,” said Building Commission Acting Executive Director Moshe Gilovitz. “The Building Commission will continue to prosecute and name those who put consumer interests and the reputation of the building industry at risk.”
For information on builders’ responsibilities, visit the Building Commission website www.commerce.wa.gov.au/building-commission or phone 1300 489 099.
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