• Negligent, misleading and unconscionable conduct under builder registration laws
• Issues during building projects in Shenton Park, Kensington and North Perth
• $25,000 total fine following SAT mediation with Building and Energy

A father and son have been fined a combined $25,000 for improper conduct while overseeing four building projects, including carrying out unauthorised work, providing misleading documents and seeking unjustified payments.

Alan Bradley Mason (BP11654) and Luke David Mason of Ranlak Pty Ltd (BC9362, expired) attended the State Administrative Tribunal (SAT) regarding disciplinary allegations by Building and Energy under WA’s builder registration laws.

Alan Mason was Ranlak’s director and nominated supervisor and his son Luke Mason was managing the business when it was contracted in December 2020 to carry out home building work in Shenton Park, Kensington and North Perth.

According to agreed facts following SAT mediation on 13 July 2023, Ranlak was negligent while carrying out a building service at the first Shenton Park property because it continued building work despite a City of Nedlands building order prohibiting this.

The company was also negligent because it undertook work on three projects – at Kensington and both Shenton Park sites – without the required building permits and home indemnity insurance (HII).  

Registered building contractors must take out an HII policy before commencing most home building work valued at $20,000 or more. HII provides financial protection for home owners facing incomplete work, defects or lost deposits because the builder dies, disappears or becomes insolvent.

Ranlak’s HII eligibility had been put on hold in December 2020 due to financial concerns.

According to the SAT facts, the company engaged in misleading conduct by providing an amended document that gave the City of Subiaco the mistaken impression that a valid HII policy was in place for the second Shenton Park site. This was not the case and the City of Subiaco was misled into granting a building permit.

The company also engaged in unconscionable conduct under the Building Services (Registration) Act 2011 by demanding payments from the owners of the second Shenton Park house and the North Perth property when the required work had not been completed or was unlikely to be carried out due to the company’s financial issues.

Ranlak entered liquidation in September 2021 and its building contractor registration expired in October 2022. According to the SAT facts, the disciplinary allegations against the company also applied to Alan Mason and Luke Mason as they were responsible for the business at the time.

Alan Mason was fined $5,000 and Luke Mason was fined $20,000.

During SAT mediation, Building and Energy accepted in mitigation the significant impact of COVID-19 on the business, the parties' lack of prior dealings with the building regulator and the Masons’ genuine remorse, admission of fault and assistance with resolving the allegations.

Building and Energy Executive Director Saj Abdoolakhan said although the building sector had faced challenges in recent years, building service providers must continue to uphold their responsibilities.

“It is unacceptable to carry out work without the required building permits and, in one case, when a stop-work order was in place,” Mr Abdoolakhan said.

“This undermines the community safety principles at the heart of our building approvals processes.

“Likewise, operating without home indemnity insurance and accepting payments when the work hasn’t been done, or is unlikely to be completed, puts home owners at significant financial risk if issues do occur.”

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Media contact: BEmedia@dmirs.wa.gov.au