Internet access not an excuse for failing to provide record of work...

The Building Practitioners Board has recently ordered a builder to pay $3,500 after he failed to provide a record of work.

The builder was contracted to complete work on a home. The builder expected to return to the site for the final inspection and said that he would have provided a record of work then. However, the final inspection took place without the builder and so the record was never provided.

The owner of the home requested a record of work from the builder. The builder said that he had sent the record on three separate occasions but that poor internet connection meant that the record had not been delivered to the owner. The builder claimed he was unaware the records had not been delivered.

The Board had to determine whether a poor internet connection was a good reason for the builder’s failure to provide a record of work upon the completion of his work.

The law requires licensed building practitioners to provide a record of work to the owner and Territorial Authority upon the completion of any restricted building work. The Board noted that this requirement relates to the completion of the work itself, not the completion of a building project or a final inspection.

In this case, the builder had failed to provide a record of work upon completion. However, the builder may have been justified in this failure if he had good reason for failing to provide the record.

The Board decided that a poor internet connection may be a good reason not to provide a record of work. However, the builder provided no evidence of the poor internet connection which he claimed meant the emails could not be delivered.

The Board was not satisfied with the builder’s reason and therefore his failure to provide a record of work was not justified. The builder was ordered to pay a fine of $1,500 and costs of $2,000.

It is important to be aware of your professional obligations as a licensed building practitioner. If you are confused about these obligations, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley and Hunter Flanagan-Connors