Mount Tamborine Property Services penalised $111,000 for range of building offences

Mount Tamborine Property Services penalised $111,000 for range of building offences
Jennifer DukeApril 1, 2014

Former Darlington-based company, Mount Tamborine Property Services Pty Ltd has seen its two directors, Ernest Jackson and Corinne Evangeline Jackson prosecuted by the Building Commission and order to pay fines, court costs and compensation totalling $111,000.

The total penalty was for a range of building offences, and occurred as a result of proceedings beginning in the Midland Magistrates Court in December 2012, and finalised in January this year.

Building Commissioner Peter Gow said that the fines and compensation serve as a reminder to anyone breaking building laws that there are serious offences that can attract large penalties.

"In Western Australia, it is an offence to contract for or carry out building work valued over $20,000 for another person for profit or reward without a registration," Gow said.

"The registration system ensures a person with the necessary qualifications, knowledge, experience and insurance carries out work that meets proper standards. When engaging the services of a builder, consumers can conduct an online registration check on the Building Commission website or contact us for assistance,” he said.

"The Building Commission will continue to prosecute and name those who put consumer interests and the reputation of the building industry at risk.”

Both former directors pleaded guilty to 10 charges relating to two home building work contracts that they entered into in 2010.

  1. A $156,000 extension of a Gidgegannup property. Included extending the kitchen, deck and master bedroom, altering the roof and constructing a new carport and en suite.

  2. A $28,891 contract at a Hazelmere property. Included the conversion of existing alfresco area into a bedsit room and a shower and toilet.

The company was unregistered, and therefore unauthorised to contract or carry out the work at these two properties. This resulted in charges against them for unregistered contracting.

There were also further eight charges each relating to failing to provide home owners with prescribed notice, the contract providing an entitlement for the builder to receive a deposit of more than 6.5% of the total amount payable before commencement and failing to ensure the home building work contract was in writing with all the terms, conditions and other requirements.

They also failed to provide the owner with written documentation required for contract verification, they demanded progress payments prior to completion and they did not have home indemnity insurance.

Ernest Jackson was fined $30,700 with $1,800 costs. Corinne Jackson was fined $18,100 with $14,406 costs. They also had to pay $40,000, jointly, to the Gidgegannup property owner and $6,000 to the Hazelmere property owners as compensation.

The owner of the Gidgegannup property has contracted engineering consultants to inspect the structure and they found a number of faults.

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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