Builder ordered to pay $2,000 for failing to provide record of work...

The Building Practitioners Board has recently ordered a builder to pay $2,000 after he failed to provide a record of work.

The builder was carrying out renovations and extensions to a residential property. The work included restricted building work, namely structural and external moisture control. The property had its final inspection on 9 November 2022 and obtained a pass.

The owner of the property requested a record of work from the builder on 5 and 13 December 2022, but the builder failed to provide the record. The owner requested the record again on 17 December. When the builder failed to provide the record, the owner complained to the Board.

The Board had to determine whether the builder had committed a disciplinary offence by failing to provide a record of work.

According to the law, a builder is required to provide a record of work upon the completion of restricted building work, unless there is a good reason not to. The record must be provided to both the owner of the property and the Territorial Authority.

The Board decided that the restricted work was completed on 9 November, when the work obtained a pass during the building inspection. The builder argued that he had actually provided the record to the owner, but no evidence of this statement was found.

The Board emphasised that a record of work must be provided to both the owner and the Territorial Authority. It is not an owner’s responsibility to request a record of work, this should be done by the builder upon the completion of work.

The builder argued that there was an ongoing dispute regarding the payment of materials, and therefore he had a good reason not provide the record. However, the Board decided that providing a record of work is not a contractual obligation, but a statutory one. Therefore, payment disputes are irrelevant to whether a record of work must be provided.

The Board decided that the builder had failed to provide a record of work without good reason. The builder was ordered to pay a fine of $1,500 as well as costs of $500.

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

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