Unregistered builder entered unlawful contract

Information status

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East Perth man Jon Valmont (alias Jon Marcel), trading as Marcel Roofing, has been successfully prosecuted by the Building Commissioner for registration and contractual offences he committed in contracting for and carrying out building work in Attadale in late 2013 and early 2014.

The Fremantle Magistrates Court ordered Mr Valmont to pay fines of $7,500 and costs of $714 for two charges under the Building Services (Registration) Act 2011 and three charges under the Home Building Contracts Act 1991.

The court found Mr Valmont had:

  • failed to ensure the home building work contract was in writing, contained the date and all the terms of the agreement and was signed by both parties;
  • undertook to carry out and carried out builder work without the required registration;
  • entered into a contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of the work (approximately 28% of the total amount payable); and
  • failed to obtain a policy of home indemnity insurance for the work.

Valued at $69,850, the home building work contract was for roofing work, including the installation of gutters, downpipes and flashings.

In 2005, Mr Valmont was prosecuted by the former Builders Registration Board for contractual offences and for failing to comply with an order of the former Building Disputes Tribunal (BDT) and was fined $3,400. In 2008, he was again prosecuted for failing to comply with orders of the BDT and was fined $3,000.

“In Western Australia building work valued over $20,000 must be carried out by a registered builder,” Building Commissioner Peter Gow said.

“Contracts for home building and associated work valued between $7,500 and $500,000 must also meet the minimum requirements set out in the Home Building Contracts Act.

“This case is a reminder to consumers that they cannot always trust the person they engage to carry out building work to do the right thing.

“Consumers should familiarise themselves with their rights and responsibilities before they engage a builder’s services or enter into a contract.”

A registration check can be conducted on the Building Commission website www.commerce.wa.gov.au/buildersearch or phone 1300 489 099. The ‘Building or renovating your home’ section of the website contains some helpful information for consumers.

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.”

END OF RELEASE

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Media release
13 Dec 2016

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