Builder failed to comply with orders

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BuilderConsumerPermit authority

Nollamara retired builder Carlo Muia (previous reg. BP9602) has been fined $5,000 by the Building Services Board for negligent conduct and failing to comply with an order of the State Administrative Tribunal (SAT), which are disciplinary matters under the Building Services (Registration) Act 2011.

The Board found Mr Muia was negligent in that he failed to comply with three orders of the then Building Disputes Tribunal (BDT) and failed to build in compliance with the approved plans. The Board also found Mr Muia had failed to comply with an order of the SAT.

Mr Muia’s conduct related to the construction of a new two storey house in Mosman Park between November 2002 and December 2003. Owners who purchased the house in February 2007 found serious workmanship issues during wet weather. Independent inspection reports confirmed the work Mr Muia carried out was faulty and unsatisfactory.

Between 2010 and 2012, the then BDT issued Mr Muia with three orders to remedy the work and pay $1,236 to the owners, which were not complied with.

In May 2013, the SAT issued a final order replacing the three previous BDT orders, requiring Mr Muia to pay the owners $42,448 to cover the cost of rectifying the faulty and unsatisfactory building work plus $7,433 to cover additional costs. Mr Muia also failed to comply with this order.

In making its decision, the Board took into consideration Mr Muia’s age, his ability to pay a larger fine, the fact he is no longer a registered practitioner, he has retired from the industry, and that he remains liable for the SAT’s order.

Building Commissioner Peter Gow said Mr Muia’s conduct was unacceptable and had resulted in a significant financial and personal impost on the owners.

“The owners have been left with an unpaid order and a home that has not been repaired or covered by home indemnity insurance as more than six years has passed since its completion,” Mr Gow said.

“We expect better from a registered builder and the action taken by the Building Services Board in this instance sends a clear message to registered builders who fail to maintain proper standards or act inappropriately that penalties apply.

“The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”

For information on builders’ responsibilities, visit the Building Commission website or phone 1300 489 099.


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Building and Energy
Media release
23 Jul 2015

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