The State Administrative Tribunal (SAT) has imposed a $20,000 fine and ordered further training after a father-and-son building partnership breached WA’s building laws in relation to defects at three new homes.
The disciplinary allegations against the partnership between Jason Zachariah Burns and his father, Richard Burns (BP4649), trading as Jason Burns Homes (BC13540, expired), were referred to the SAT by the Building Services Board.
The Tribunal found that Jason Burns Homes breached the Building Services (Registration) Act 2011 by failing to comply with Building Commissioner’s orders to rectify defects at three properties constructed during 2013 to 2015.
The SAT heard that a Beaconsfield home was yet to have flooring, electrical switches, paving and other key components installed three years after the build commenced.
Similar delays were reported at a Como house, where roof plumbing, front doors and plasterwork were missing.
At a property in Butler, structural issues were identified in the garage, alfresco area and some rooms.
The Tribunal found that Jason Burns Homes had failed to ensure the building services were properly managed and Richard Burns, as the partnership’s nominated supervisor, did not properly manage and supervise the building services he was responsible for.
In addition to a $20,000 fine, Jason Burns Homes was ordered to pay costs of $1,000. The partnership’s building contractor registration expired in April 2016.
The SAT also ordered that Richard Burns could not be a nominated supervisor of a building contractor until he passed two units of study on structural principles and estimated costs.
“I welcome the Tribunal’s findings. These are serious matters that no doubt caused significant stress and inconvenience for the home owners involved,” Building Commissioner Ken Bowron said.
“This outcome sends a clear message that we will take action against building industry participants who do not meet their obligations, even if their registration is no longer current.”
Notes: BC and BP numbers refer to registration as a building contractor or building practitioner. The registers of building service providers are available online (dmirs.wa.gov.au).
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