• $34,600 staircase, decking and painting project left incomplete and faulty
• $8,000 fine after guilty plea for non-compliance with a building remedy order
• Previous order to pay more than $47,000 in rectification costs

After issuing an $8,000 fine for abandoned building work, a magistrate has warned tradespeople not to accept jobs if they cannot complete them to the expected standards.

The comments from Magistrate Leanne Atkins at Mandurah Magistrates Court followed a guilty plea by tradesman Antonino Arto for not complying with a building remedy order.

Building and Energy’s prosecution related to a Wannanup property where Mr Arto verbally agreed to build an outdoor limestone staircase, install decking and carry out painting work. The home owner paid Mr Arto $34,600 cash before the project commenced.

The court was told Mr Arto abandoned the work within a month and left several defects. The staircase contravened planning policies, its balustrade was structurally unsound and the decking and substructure were poorly constructed. There was also paint damage to the house.

Building and Energy issued a building remedy order that required Mr Arto to rectify the issues within 42 days, including removing and replacing the staircase and decking. No remedial work was carried out, which is an offence under WA’s building complaint laws.

The court was also told the Building Commissioner had ordered Mr Arto to pay more than $47,000 in rectification costs to the home owner because the works had to be demolished.

In court on 16 June 2023, Magistrate Atkins said people who paid hard-earned money need to be confident that services are properly provided, adding that tradespeople must ensure their work “is done to the required standard” and “if you can’t do that, then don’t accept the job”.

Building and Energy Acting Executive Director Nabil Yazdani said building industry participants who do not uphold their responsibilities will be held to account.

“It is unacceptable to carry out work of this standard in the first place, as well as showing a blatant disregard for the opportunity to make it right,” Mr Yazdani said.

“I urge consumers to avoid paying for any work in full until it is completed to the standard agreed in a written and signed contract. For home building work valued between $7,500 and $500,000, the maximum deposit before work begins is 6.5 per cent of the contract value.”

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