Canning Vale builder fined for altered contract

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A Canning Vale registered building contractor’s misleading and deceptive conduct has resulted in it being fined $2,500 by the Building Services Board.

The Board determined that Da’Vanti Homes Pty Ltd (BC13449) was misleading and deceptive in that it altered the time for completion on a building work contract for the construction of five single-storey units in Queens Park between October 2013 and February 2015.

The builder’s copy of the contract was altered to state that 340 working days were allowed for the completion of the building work but the developer’s copy of the contract allowed for 240 working days.

Da’Vanti Homes initially failed to acknowledge that the contract had been altered, resulting in the developer having to commence breach of contract proceedings against the company to recover lost income.

An arbitration process between the builder and the developer determined that 240 was the correct number of working days specified in the original contract.

Da’Vanti Homes accepted the findings of the arbitration process and said it had implemented new business practices to address quality assurance at the time of signing contracts with future clients.

“While it is unclear who in the company made the alteration to the contract, Da’Vanti Homes, as the registered building contractor, is ultimately responsible for the company’s conduct and the error,” Building Commissioner Peter Gow said.

“The laws that apply to home building work contracts are in place to protect the interests of both parties to a contract.

“Usually, any variation to a home building work contract must be in writing, show the date and be signed by both parties.

“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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Media release
29 Mar 2017

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