Steven Morrison was sentenced at Rockingham Magistrates Court on 11 November 2024 following prosecution by the Building Commissioner.
The court was told homeowners in Secret Harbour engaged Mr Morrison for works valued at $10,250 including stripping the existing bathroom and installing a new shower, bathtub, tiling and finishes.
The quote was unsigned and did not include all the terms and conditions of the agreement, including the deposit, as required by the Home Building Contracts Act 1991.
The homeowners paid a $2,050 deposit, or 20 per cent of the contract price but, by law, the deposit cannot exceed 6.5 per cent before home building work commences.
A Building and Energy inspector later identified issues with Mr Morrison’s work in the shower, where the tiling gradient was insufficient for proper water drainage and the mixer tap was incorrectly installed and not square to the grout lines.
A building remedy order to fix the defects was issued by the Building Commissioner, but Mr Morrison did not carry out any of the required work.
Mr Morrison was fined $7,500 and ordered to pay $650 in costs.
Building Commissioner Saj Abdoolakhan said disregard of legal protections for consumers was unacceptable.
“The limits and requirements set out in law ensure homeowners are not left out of pocket for excessive deposits and have correct contractual documents in the event of issues with a home building project,” he said.
“Similarly, compliance with a building remedy order is mandatory. The penalties in this case should remind building service providers of their legal obligations and community expectations.”
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Media contact: Sarah Roberts – 0466 409 828 – BEmedia@demirs.wa.gov.au