Patio builder fined for contractual flaws

Maddington company Great Aussie Patios Pty Ltd and its sole director and secretary Marcus Graham Fulker have been successfully prosecuted by the Building Commissioner for contractual offences committed in the supply and installation of a patio in Hazelmere in 2015.

The Midland Magistrates Court recently fined the company $2,400 and Mr Fulker $1,100 and ordered each to pay costs of $729.40 after they pleaded guilty to the same three charges under the Home Building Contracts Act 1991.

The magistrate found that in contracting for the home building work valued at $29,800 the company had:

  • failed to ensure that the home building work contract was signed by both the builder and the owner;
  • entered into a contract that provided for the company to receive a payment that was not a genuine progress payment after commencing the work; and
  • performed residential building work without obtaining the required policy of home indemnity insurance.

As the sole director who consented to the company’s actions, Mr Fulker was also taken to have committed the offences of the company.

“The Home Building Contracts Act sets out the minimum requirements for contracts and applies to home building and associated work valued between $7,500 and $500,000,” Building Commission Acting Executive Director Ian Munns said.

“These laws are in place to protect the rights of both the building service provider and the home owners who engage them to carry out building work.

“Failure to comply with the provisions of the Home Building Contracts Act may result in penalties of up to $10,000 per charge in the case of an individual and $50,000 for a company.

“Home owners can protect themselves by knowing their rights and responsibilities before they engage a person to carry out home building work. Some helpful information is available in the ‘Building or renovating your home’ section of the Building Commission website.

“The Building Commission will continue to hold to account and name people who put the public interest and the reputation of the building industry at risk.”

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Media release
26 Oct 2017

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