Second prosecution for Nedlands renovator
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Nedlands man Rohan Keane O’Neill, trading as O’Neill’s Maintenance, has again been prosecuted by the Building Commissioner, this time relating to an incomplete kitchen and bathroom renovation in Como.
On 3 March 2017, the Perth Magistrates Court ordered Mr O’Neill to pay fines of $3,500 and costs of $6,943.76 after finding him guilty of one charge under the Home Building Contracts Act 1991 and one charge under the Building Services (Complaint Resolution & Administration) Act 2011.
The first charge was for failing to ensure the home building work contract was in writing, set out all of the terms, conditions and provisions of the contract and was signed and dated by both the builder and the owner. The second charge was for failing to comply with an order of the Building Commissioner.
The court heard that between 28 November 2014 and 9 January 2015 Mr O’Neill, who had been engaged on an hourly rate, had provided the owners with invoices totalling $10,070.95. Concerned that Mr O’Neill had not returned to complete the work and about workmanship issues, the owners lodged a building service complaint with the Building Commission in March 2015.
The Building Commissioner issued a building remedy order in September 2015 requiring Mr O’Neill to remedy eight workmanship items within 28 days. Mr O’Neill failed to comply with the order by the due date.
“Despite being engaged at an hourly rate, Mr O’Neill should have known from the nature and extent of the work that its value would be between $7,500 and $500,000 and would need to comply with the provisions of the Home Building Contracts Act,” Building Commissioner Peter Gow said.
“At the very least, when the total of the invoices reached $7,500, Mr O’Neill should have put the contract in writing and ensured it was signed by both parties.
“This case is also a reminder that the Building Commissioner or State Administrative Tribunal can order a person to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order.”
Mr O’Neill was previously prosecuted by the Building Commissioner in June 2013 for carrying out unlicensed plumbing work and contractual offences. Read the media statement at www.commerce.wa.gov.au/announcements/nedlands-plumber-fined-flouting-laws.
Mr Gow said, “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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