Partnership to pay for negligent and misleading conduct
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West Perth building partnership Promeq Pty Ltd and Molouky Pty Ltd (reg. BC11750) has been fined $3,000 ($1,500 each partner) and its nominated supervisor Muin Qaqish of Subiaco (BC100885 & BP11578) $1,000 for negligent and misleading conduct as a result of disciplinary action by the Building Services Board.
The partnership’s conduct was in relation to three home building work contracts it entered into with the owners of properties in Maylands, North Perth and Bullsbrook between November 2009 and April 2010. The contracts were valued between $280,000 and $450,000 and were for the construction of, or additions and renovations to, dwellings.
The partnership was negligent in that:
- all three home building work contracts provided for it to receive a deposit in excess of 6.5 per cent;
- it demanded a payment prior to obtaining a policy of home indemnity insurance and providing the certificate of insurance to all three owners; and
- it commenced work at the Bullsbrook property prior to obtaining a building permit.
The partnership was misleading in that it stated a lower amount than the contract value on its building permit application to the City of Swan for work at the Bullsbrook property.
The partnership is no longer registered, having volunteered to have its building service contractor registration cancelled by the Board as of 5 February 2015. Mr Qaqish remains a registered building service contractor in an individual capacity.
“The partnership’s conduct had the potential to expose the owners to significant financial and personal loss,” Building Commissioner Peter Gow said. “Had the partnership not volunteered to have its registration cancelled, the fines sought against it and its nominated supervisor would have been higher.”
The partnership’s conduct came to the Building Commission’s attention through compliance audits carried out in July 2008 and October 2010. As the partnership’s nominated supervisor, Mr Qaqish could also be fined in relation to the partnership’s conduct.
“The Building Commission is committed to removing this sort of conduct from the building industry, so the voluntary cancellation of this partnership’s registration is a good outcome,” Mr Gow said. “The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”
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