The Building Practitioners Board has ordered a builder to pay $5,000 after he negligently supervised building work and failed to provide a record of work.

The builder hired three employees to work on a property for him, while he acted as supervisor. The builder was working on another project at the same time, but said he was on the worksite at least once a day.

Issues arose when there was a change to the construction of the property, and failings appeared in regards to the incorrect installation of materials. The builder’s failures included screws being improperly connected to frames, bolts being too short and failures to meet strength requirements.

These issues resulted in a failed inspection for which the builder accepted responsibility. The Board decided that these failures constituted negligence by the builder, as he had failed to meet the standard of work required in the profession.

The Board’s investigation also found that the builder had failed to provide a record of the work completed. A record of work must be provided to the owner and territorial authority upon the completion of any building work, unless there is a good reason to withhold the record.

The builder argued that the work had not been completed and therefore he had not failed to record it. This argument was rejected by the Board, as the builder had clearly stated he would not perform any more work on the property. The Board found no good reason for withholding the record of work.

The Board ordered the builder to pay a $2,000 fine for his failings, as well as $3,000 towards the costs of the Board’s investigation.

It is important to be aware of your legal obligations in any trade or profession. If you are confused about your obligations, it pays to seek advice from a professional with experience in the area.


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Alan Knowsley and Hunter Flanagan-Connors