Builder fined for failing to rectify issues with a Madora Bay property

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A COWARAMUP-based builder has been fined $1500 by the Building Services Board for not complying with an order to rectify issues at a property in Madora Bay.

The penalty against Mark Anthony Wells, trading as Mark Wells Designs, follows a separate payment of more than $23,000 last year in relation to the property.

During 2016, the owner of the Madora Bay home identified several workmanship issues with renovation work and a swimming pool installation carried out by Mr Wells as the builder, at a value of around $273,000.

After unsuccessful attempts to resolve the matter directly with Mr Wells, the owner lodged a complaint with the Building Commission.

The Building Commissioner later issued a building remedy order, which required Mr Wells to rectify the issues within specified timeframes. Some of this work was completed, but a number of items remained outstanding by the due dates.

The remaining items were converted into a monetary order and Mr Wells was required to pay $23,489 to the owner. This order was upheld by the State Administrative Tribunal and the full amount has since been paid.

The recent $1500 fine stems from the Building Services Board’s finding that Mr Wells had fallen short of the standard expected of registered building service contractors by failing to comply with the Building Commissioner’s initial order.

Mr Wells said it was an unfortunate situation that got out of hand because the relationship broke down with the client.

He said he had to fight for the final payment in court.

Building Commissioner Ken Bowron said welcomed the Board’s decision while Mr Wells’ compliance with some parts of the order should be acknowledged, the Board found that he showed a lack of accountability by not actioning these matters promptly, efficiently and in person.

“While the vast majority of building service providers carry out their work with diligence and integrity, this outcome should send a clear message that we will take action against those who do not meet their obligations,” he said.