Banksia Grove man Gordon Leslie Bodsworth, trading as Utopia Landscape Projects, has been prosecuted by the Building Commissioner for offences he committed in contracting for landscaping work at an Iluka property in September 2014.

On 1 July 2016, the Joondalup Magistrates Court found Mr Bodsworth guilty in his absence of two charges under the Home Building Contracts Act 1991 and ordered him to pay fines of $2,500 and costs of $414.

The magistrate found Mr Bodsworth 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 which provided for him to receive a deposit in excess of 6.5 per cent of the total value of work (approximately 40 per cent of the total contract value).

Valued at $20,871, the home building work contract was for landscaping works including paving, concreting and the construction of a limestone planter box and retaining wall.

“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 for a company.

“Consumers can protect themselves by knowing their rights and responsibilities before they engage a person to carry out home building work. Some helpful information is available in the ‘Building or renovating your home’ section of the Building Commission website.

“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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