Waterford builder found negligent and fined

Waterford builder Nicholas Hunter (BC10879 and BP10879) has been fined $2,500 by the Building Services Board for negligent conduct relating to building work he carried out at a Bull Creek property between August and December 2013.

The Board determined that Mr Hunter was negligent under the Building Services (Registration) Act 2011 in that he:

  • performed the home building work without providing a complying written contract to the owner;
  • entered into a contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of work; and
  • performed building work without having first obtained a building permit from the City of Melville. Mr Hunter has since obtained retrospective approval for the unauthorised building work.

The home building work contract Mr Hunter entered into with the owner was for structural work valued at $14,732. The work related to the creation of a new opening between the lounge and family room, the extension of a roof awning and the levelling of the roof line around a sky light. In quoting for the work, Mr Hunter demanded a deposit of 70 per cent of the total contract value.

Building Commissioner Peter Gow said it was the responsibility of anyone who carried out building work to be aware of their obligations under the building laws.

“Mr Hunter’s experience in the industry suggests he would have been aware of his obligation to obtain a building permit before he carried out the structural building work,” Mr Gow said.

“It is important that builders meet their responsibilities in respect to building permits for safety reasons – it is the person named as the builder on the permit who is responsible for ensuring that the building is completed in accordance with the plans and specifications and complies with the applicable standards.

“The Building Commission 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
20 Jun 2016

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