The Building Practitioners Board has found a builder guilty of not providing a record of work in a timely manner.

A record of work must be provided to the owner and territorial authority upon the completion of the builder’s work.

The builder left the site in May 2019 and was aware that another builder took over the work.

The builder held off providing the record of work until February 2021, almost two years after the builder left the site, and no copy was provided to the Council.

The Board held that the delay was too long and coupled with the failing to provide a copy to the Council meant that the builder was in breach of the Act.

His reason for delay (that he had not been paid) was not a good excuse, as the law requires the record of work to be provided no matter what contractual dispute might exist.

The builder was fined $1,500 and ordered to pay costs of $1,500 for the hearing.  His licence record will be annotated with the findings for three years.

A record of work should be provided to both the owner and the Council soon after the builder’s work is completed.  They cannot be held back for non-payment and as soon as the builder knows they are not going to be continuing on the site (e.g. another builder has taken over) then they should provide the record of work for any restricted building work they have done (even if it was not completed when they left the site).


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