Perth roof repairer Stuart Anthony Hartigan, trading as Perth Roofing Solutions, has been successfully prosecuted by the Building Commissioner for contractual offences he committed in contracting for building work at a Maylands property in September 2014.
On 4 December 2015, the Perth Magistrates Court ordered Mr Hartigan to pay a fine of $3,000 and costs of $869.60 after he pleaded guilty in his absence to three charges under the Home Building Contracts Act 1991 (HBCA).
The first charge against Mr Hartigan was for failing to sign the home building contract. The second charge was for failing to provide the owner with the prescribed notice prior to signing the contract. Mr Hartigan also entered into a home building work contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of work, which resulted in the third charge against him.
The home building work contract entered into by Mr Hartigan and the owner was for the supply and installation of a zincalume corrugated roof to a value of $24,850.10.
The owner lodged a complaint with the Building Commission in January 2015 after Mr Hartigan failed to carry out the work stipulated in the contract and did not refund the deposit. In April 2015, the Building Commission issued Mr Hartigan with a building remedy order requiring him to pay the owner $8,300. Mr Hartigan failed to comply with the order.
“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,” Building Commissioner Peter Gow said.
“Failure to comply with the provisions of the Home Building Contracts Act may result in penalties of up to $10,000 per charge in the case of an individual and $50,000 in the case of a company.
"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.”
For more information on the building laws and the building complaint process, visit the Building Commission website at www.commerce.wa.gov.au/building-commission or phone 1300 489 099.
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