Perth company Top Class Roof Restorations Pty Ltd and its sole director and secretary Troy Anthony Coward have been prosecuted by the Building Commissioner for contractual offences and fined a total of $7,000.
On 18 July 2016, the Midland Magistrates Court, in their absence, found the company and Mr Coward guilty of four charges under the Home Building Contracts Act 1991. Three of the charges related to work valued at $11,605 the company contracted for at a Helena Valley property in 2014. One charge related to work valued at $14,945 the company contracted for at a Kalamunda property that same year.
Both home building work contracts involved the installation of a new roof, including gutters and downpipes.
In relation to the Helena Valley property, the court found the company had:
- failed to ensure that the home building work contract for the work was in writing, contained the date and all the terms of the agreement and was signed by both parties; and
- entered into a contract that provided for it to receive a deposit in excess of 6.5 per cent of the total value of the work (approximately 44 per cent of the total amount payable).
In relation to both sites, the company failed to provide the owner with the prescribed notice prior to signing the contract.
The company was fined $5,500. As the sole director who consented to the company’s actions, Mr Coward was taken to have also committed the offences of the company and was ordered to pay a $1,500 fine and costs of $563.79.
“By failing to meet its contractual obligations, this company has denied these home owners of their right to enter into a contract that complies with the building laws and which is designed to protect the interests of both parties,” Building Commissioner Peter 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.”
In 2013, the Building Commission formally cautioned Mr Coward’s previous company Top Class Renovations Pty Ltd (now deregistered) about non-complying contracts.
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