Lack of oversight costs building supervisor $40,000 and registration – Muhammad Salman

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A former building supervisor has been fined $40,000 and stripped of his building practitioner registration after admitting to multiple disciplinary matters affecting the construction of two Perth homes.

Muhammad Salman (BP103029, cancelled) is the former nominated supervisor of Kewdale-based Kulowall Construction Pty Ltd trading as Opus Homes, which entered liquidation in February 2024.

A Building and Energy investigation revealed numerous concerns about workmanship and oversight at Kulowall projects supervised by Mr Salman in Beckenham and North Coogee. The resulting disciplinary matters under WA’s builder registration laws were finalised through mediation at the State Administrative Tribunal.

At the Tribunal, Mr Salman admitted to 14 instances of negligence or failure to ensure proper management and supervision of building services under his responsibility at the Beckenham home. Building and Energy identified more than 45 breaches of the Australian Standards and building plans at this property.

These disciplinary matters involved not identifying and rectifying structural issues, defects, poor workmanship and multiple discrepancies between approved plans and the actual building work. The structural issues affected key areas including walls, beams, brickwork and alfresco components.

Mr Salman also allowed modifications to the Beckenham house that did not comply with plans approved by the City of Gosnells. He also relied on the homeowner’s husband for many of his nominated supervisor duties and allowed an unregistered painter to carry out work requiring this registration.

According to agreed facts at the Tribunal, Mr Salman was also negligent in connection with building services at the North Coogee home because he failed to identify and rectify structural issues affecting areas including the concrete slab, roof components, walls, brickwork and a balcony pier. Building and Energy identified more than 60 breaches of the Australian Standards and building plans at the North Coogee property.

Mr Salman was also negligent and failed to ensure proper management and supervision of building services under his responsibility because he did not identify or rectify defects, poor workmanship and discrepancies between approved plans and the actual building work at North Coogee.

He also failed to ensure appropriate materials were used for some structural components, such as the brick wall ties and roof beams. In another decision handed down last year, the Tribunal found rectification of issues at the North Coogee property would cost more than $1.1 million.

On 12 June 2024, the Tribunal ordered cancellation of Mr Salman’s building practitioner registration and payment of a $40,000 fine to the Building Commissioner.

Building Commissioner Saj Abdoolakhan welcomed the significant penalty and registration cancellation.

“With registration comes responsibility and this outcome should put unscrupulous building industry participants on notice,” Mr Abdoolakhan said.

“These projects resulted in 23 disciplinary matters, many with multiple components. This is unacceptable conduct from a nominated supervisor expected to diligently oversee the construction of new homes for these two families. Instead, he showed complete disregard for safety, compliance and his clients.

“Although the homeowners were able to access home indemnity insurance after the building contractor’s insolvency, they have obviously faced significant financial and emotional impacts from these poorly managed projects.”

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Media contact: BEmedia@dmirs.wa.gov.au

Building and Energy
Media release
21 Jun 2024

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