Registered builder Anthony Clay trading as Mallee Tree Homes and Additions has accepted a fine of  $5,000 and costs of $1,500 as a result of disciplinary action commenced by the Building Services Board in the State Administration Tribunal in April 2017.

As a result of the proceedings, Mr Clay admitted that he had engaged in negligent conduct and harsh, misleading or deceptive conduct, in connection with the construction of a granny flat at a Wanneroo property in 2014. Specifically, Mr Clay had:

• Demanded a deposit prior to providing the owner with a certificate of home indemnity insurance contrary to the requirements of the Home Building Contracts Act 1991;
• Failed to ensure that a person he engaged to perform plumbing work was a licensed plumbing contractor; and
• Included provisions in the contract that improperly limited his liability for rectifying defects and which may have misled an owner about their right to make a building service complaint to the Building Commission.

“It is important for the proper functioning of the industry and the protection of consumers that registered building contractors know and comply with their statutory obligations,” 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.”

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