Action against two builders’ breaches
Building Practitioners Board takes action against two builders’ breaches
Two significant decisions have been handed down by the Building Practitioners Board to two carpentry licensed building practitioners (LBPs) for serious breaches of their trade. Their negligent and incompetent practice saw one builder’s licence cancelled, and the other fined as his licence had been cancelled for unrelated reasons.
Auckland-based builder Feroz Ali, has been fined $5,000 for incompetent and negligent work he carried out on an Auckland property. Mr Ali carried out non-compliant and negligent work when he constructed trusses from uncertified building materials, rather than using manufactured trusses as specified by the building consent.
The Board noted Mr Ali’s offending was at the higher end of the scale, and that he exhibited a poor understanding of the contractual and regulatory settings in the building trade. Mr Ali’s manner was also at fault, as he failed to return to the site once the Building Consent Authority was notified of his poor work, despite being paid the full sum for his work.
Another case saw Mr Ah Sui Ah Sui of the Waikato region have his licence cancelled, and ordered to pay costs toward the investigation. The Board found Mr Ah Sui worked in a negligent and incompetent manner, and failed to comply with a building consent and provide a record of work.
Mr Ah Sui failed to ensure building plans were followed and was not sufficiently familiar with modern building practices. This led to a breakdown in onsite processes where joinery, cladding, a pergola, and internal plasterboard linings were not installed appropriately. A disclosure statement or written contract was not provided to the homeowner which, under the consumer protection measures in the Building Act, has been a requirement since 2015.
The Registrar of Building Practitioner Licensing Paul Hobbs says these two cases send a clear message to LBPs across New Zealand that they must meet their contractual and regulatory obligations.
“If an LBP deviates from the consented documentation, this must be dealt with through a formal amendment or a minor variation to the consent,” says Mr Hobbs.
“All LBPs are personally responsible for keeping up to date with regulatory and technical changes relevant to their area of practice through their skills maintenance.
“New Zealanders can have confidence that LBPs are held to account by the Board, who ensure building practitioners meet the high standards expected of them,” said Mr Hobbs.
A guide to making a complaint about a licensed building practitioner is available from the Board’s website www.lbp.govt.nz.