The Building Practitioners Board has recently ordered a builder to pay $1,000 for failing to provide a record of work in time.

The builder worked for approximately three years on an alteration and addition to a residential property. The work included restricted building work which, by law, is required to have a record of work upon completion.  

The builder was asked to leave the site before his contractual terms were complete. The owner of the property asked the builder for a record of work many times over several months, including by email.

The owner then complained to the Board regarding the builder’s failure to provide a record of work. The builder eventually supplied the record once the complaint had been made.

The Board had to determine whether the builder had, without good reason, failed to provide a record of work upon the completion of restricted building work. It is important to note that it is not up to the owner to request a record of work, but a builder’s responsibility to provide one upon the completion of work.

Whether building work is complete will be a “question of fact” in each case. The Board accepted that the builder had been asked to stop working on the property abruptly, and the work intended under his contract had not been completed.

However, the builder had completed all work that he would be doing on the property, and therefore his work was complete. The Board decided that the builder was therefore required to provide a record of work in a timely manner once he ceased work on the property.

The Board also rejected the argument that an ongoing contractual dispute is a “good reason” for failing to provide a record of work. The requirement to supply a record of work is not affected by contractual disputes or terms of contracts.

The builder was ordered to pay a fine of $500 as well as $500 in costs.

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.

 

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Alan Knowsley and Hunter Flanagan-Connors