Builder negligent for breach of building code…

The Licensed Building Practitioners Board has found a builder guilty of negligent building work.  The builder was constructing a deck and found that a pile under the deck had sunk into the ground.  Instead of contacting an engineer for advice on how to deal with the difference in heights of the piles, the builder packed up the pile in a manner which was not compliant with the Building Code.

The Licensing Board found that this was negligent, as the work done by the builder could not pass as being compliant with the code, despite not being picked up by the Council when the building was inspected.

The Board also found that the builder had failed to supply a record of work when his contract ended over a payment dispute.  At that point he was required to provide the record of work to the owner and the territorial authority.  He could not withhold the record of work due to the payment dispute and if he had provided the record of work it would have shown what work he had completed at that point and therefore distinguished work done after he left the job by an unlicensed builder.

The builder was fined $2,000 and ordered to pay costs of $2,000.



Alan Knowsley
Partner
Wellington