Fremantle builder’s negligence nets fines

Fremantle registered builder D2R Pty Ltd (BC14008) and its sole director and nominated supervisor Andrzej Zubowicz (BP6530), of Hamilton Hill, have been fined $5,000 each by the Building Services Board for negligent conduct.

The conduct related to contracts the company entered into in 2015 for the construction of four residential units in Joondanna valued at $1.3 million and a granny flat and extension in Maddington valued at $255,000.

The company was negligent in that it:

  • allowed the owner of the Joondanna property and trades directly engaged by the owner to carry out site works under the building permit on which it was named as the registered building contractor;
  • commenced building work at the Maddington site without a valid building permit in place;
  • demanded the payment of a deposit prior to providing the Maddington owner with a valid home indemnity insurance certificate; and
  • demanded non-genuine progress payments from the Maddington owner.

As its nominated supervisor, Mr Zubowicz was also culpable for the company having commenced work at the Maddington site without a valid building permit.

Building permits issued by the respective local governments for work at both sites named D2R as the building contractor and were signed by Mr Zubowicz as the nominated supervisor. However, D2R did not carry out the Joondanna works and had no active involvement in the building projects for several months. Some of the site works were carried out by the owner or tradespeople the contractor had not engaged. A boundary retaining wall collapsed at a time D2R was not in control of the site.

“As the registered building contractor, D2R was obliged to manage and supervise the building work carried out under the building permits issued in its name,” Building Commission Acting Executive Director Sandy Randall said.

“D2R’s contractual offences for the Maddington work and the fact that construction started before a building permit was issued indicates further disregard for its obligations and responsibilities under the building laws, which are in place to protect the parties to a building contract.”

The Board previously fined Mr Zubowicz $5,000 in 2013 for failing to manage and supervise work that he was the nominated supervisor for and failing to comply with an order of the former Building Disputes Tribunal.

Ms Randall said, “The Building Commission, through the Building Services Board, 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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Building and Energy
Media release
10 Jan 2018

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