Paver fined over lack of precision

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Ballajura man Christopher James Webb trading as Precision Paving has been successfully prosecuted by the Building Commissioner for failing to remedy unsatisfactory work carried out at Mt Lawley property in May 2011.

Webb pleaded guilty to one charge of failing to comply with a Building Remedy Order without a reasonable excuse at the Perth Magistrates Court on 4 October 2013. The court ordered him to pay fines of $4,000 and court costs of $213.15.

Dissatisfied with Webb’s work, which included paving, installation of a soakwell and construction of a wheelchair access ramp to the value of $1,650, the property owner lodged a workmanship complaint with the former Building Disputes Tribunal.

The Building Commissioner subsequently issued Webb with a Building Remedy Order requiring him to rectify the faulty or incomplete work within 28 days. Webb failed to comply with the order without a reasonable excuse, which is an offence under the Building Services (Complaint Resolution and Administration) Act 2011 and can attract a maximum penalty of $50,000.

In sentencing, the court took into account factors including that Webb had no previous convictions, had entered a guilty plea at the earliest instance and the relatively low value of the work. The court also took into account that Webb had been uncooperative and caused the owner inconvenience and unnecessary cost.

Building Commissioner Peter Gow said the case was an example of how the building laws worked to protect both home owners and the integrity of the building industry.

“The Building Commission offers consumers and industry a building dispute resolution process that allows them to make a complaint about a regulated building service or home building work contract,” Mr Gow said.
“We also receive and investigate complaints and information about the conduct of registered building service providers, which include builders, painters and building surveyors.

“The building laws are in place for a good reason; they protect 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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Building Commission
Media release
18 Oct 2013

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