The Licensed Building Practitioners Disciplinary Tribunal has ordered a builder to pay $5,500 for negligence and failing to complete works in accordance with a building consent.

The builder was contracted to carry out works on a site including demolition, excavation, and constructing a retaining wall. The building consent allowed for the excavation and construction of the wall to be completed along the property’s boundaries.

Surveyors marked out the boundary for the work to be completed along. However, the contractor excavating the site did not work according to the surveyor’s stakes and plan, and excavated into neighbouring properties. A wall was then built that also crossed over the boundary line.

The Tribunal held that the licensed builder did not adequately supervise the excavation work. Additionally, being the person responsible for the work, the builder was also held to have failed to complete works in accordance with the issued building consent.

The Tribunal explained that due to the significant potential impact of the excavation, that there should have been significant care taken and careful supervision. Additionally, it was noted that failing to comply with the building consent was a departure from acceptable standards.

The Tribunal ordered the builder to pay a fine of $4,500 and costs of $1,000.

As the person responsible for works on site, it is important that licensed practitioners supervise all works to ensure that they are carried out correctly and in compliance with all consents and the Building Code.

Failure to supervise adequately, and resulting poor work by other employees, may result in expensive disciplinary proceedings against the licensed practitioner personally.

If concerns have been raised about work you have carried out or supervised, it is wise to speak with a professional experienced in the area.

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