The Building Practitioners Board has recently fined a builder $2,000 and ordered him to pay costs of $500 after failing to provide a record of work.

The builder carried out work for the complainant and finished the work around 30 November 2021. No record of work was provided to the complainant and a record was requested in August 2022. When no record of work was supplied, the complainant notified the Board of that failure.

The builder explained that no record of work had been provided because of a dispute about payment. A record of work dated 14 February 2022 was eventually supplied in November 2022.

The Building Act requires that a builder provides, upon the completion of work, a record of work to the owner and Territorial Authority for any restricted work done in relation to a building consent, unless there is a good reason not to.

A record of work must be supplied upon the completion of restricted building work. In this case the record of work was not provided until months after the work was completed. The record was also supplied to the main contractor and not the owner or Territorial Authority.

The Board found that the record of work was not provided to the owner or Territorial Authority until November 2022, a year after the work was completed, as it had not been passed on by the main contractor. This is a risk that builders take if they do not provide the record of work to the necessary people themselves.

The Board also decided that there was no good reason that a record of work had not been provided. The Board decided that a payment dispute is a contractual dispute and does not affect the requirement to provide a record of work.

This was the builder’s second offence of a similar nature, and the Board ordered the builder to pay a penalty of $2,000. He was also ordered to pay costs of $500.

It is important to be aware of your obligations as a builder. 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