- Failed to comply with official order to rectify driveway work and damage
- $5,000 fine plus $368.50 in costs
- Magistrate noted need to deter substandard work and encourage confidence
A Woodvale concreter who ignored a Building Commissioner’s order to rectify driveway work and damage has been fined $5,000 following a prosecution by Building and Energy.
Thomas John Sharkey pleaded guilty to breaching WA’s building complaint laws when he appeared at Perth Magistrates Court on 6 October 2021 following an arrest warrant. He was also ordered to pay costs of $368.50.
The court was told that Mr Sharkey was the sole director of Kelt Nominees Pty Ltd, trading as TJ Concrete, when the company entered into a $7,100 contract in 2015 to lay 70m2 of exposed aggregate at a Burns Beach house.
Following a building service complaint lodged by the home owners with Building and Energy, the Building Commissioner ordered the company to rectify workmanship issues within a month.
The required work included lifting and removing the laid concrete, repairing damage to the home’s paintwork and cleaning up splatter and debris. No part of the order was carried out.
The home owners had paid Mr Sharkey about one-third of the contract as a deposit and later incurred further expenses for cleaning and new driveway work.
Deputy Chief Magistrate Elizabeth Woods noted Mr Sharkey’s guilty plea and personal matters occurring at the time of the offence, but added that his conduct had left the home owners in detriment and out of pocket. Her Honour emphasised the need to deter substandard work and uphold public confidence in the building industry.
Building and Energy Executive Director Saj Abdoolakhan said the building complaints process applies to all paid home building work carried out under a contract, even if the provider is not a registered builder.
“The building complaint resolution process is an important mechanism to ensure parties get a fair go,” Mr Abdoolakhan said.
“Building service providers who do not follow through with their responsibilities will face consequences.
“Failure to comply with a Building Commissioner’s order is not only illegal, it can leave home owners feeling uncomfortable or even unsafe at their own properties if building issues are not rectified.”
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Media contact: BEmedia@demirs.wa.gov.au
