High fines for roof repairer

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Bibra Lake roof repairer David William Fuery, trading as Affect Roof Restoration, has been ordered to pay a fine of $10,000 and costs of $871.50 for contractual offences and failing to comply with an order of the Building Commissioner.

On 23 October 2015, the Fremantle Magistrates Court in his absence convicted Mr Fuery of two charges under the Home Building Contracts Act 1991. The first charge was for failing to ensure the home building work contract was in writing, containing the date and all the terms of the agreement and was signed by both parties. The second charge against Mr Fuery was for entering into a home building work contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of work.

Mr Fuery was also convicted of one charge of failing to comply with an order of the Building Commissioner, an offence under the Building Services (Complaint Resolution and Administration) Act 2011.

All three charges were in relation to home building work Mr Fuery carried out at a Mundaring property between June and August 2014. Valued at $16,655, the home building work involved the conversion of the residence’s roof from tiles to steel sheeting and installation of flue vents and downpipes.

When Mr Furey failed to return to site to complete the work in early August 2014, the owner lodged a complaint with the Building Commission claiming unsatisfactory or faulty and unfinished building work. In November 2014, the Building Commission issued Mr Fuery with a building remedy order, which he failed to comply with by the expiry date.

“Mr Fuery’s actions show a disregard for the building laws and for the rights and safety of the home owners who engaged his services,” Building Commissioner Peter Gow said.

“Home owners should familiarise themselves with their rights and responsibilities before they engage a person to carry out home building work. Information for consumers can be found 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 consumer interests and the reputation of the building industry at risk.”

For more information on builders’ responsibilities, visit the Building Commission website at www.commerce.wa.gov.au/building-commission or phone 1300 489 099.

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Building Commission
Media release
02 Nov 2015

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