WA deck builder fined for Contracts Act breach

By Alice Richard
Tuesday, 07 February, 2017

A Western Australian deck builder has been prosecuted by the Building Commissioner for breaching the Home Building Contracts Act 1991. Matthew Paterson, who trades as Pato’s Patios, was ordered to pay a $2000 fine, costs of $714.96 and $3915 in compensation to the property owner.

The Fremantle Magistrates Court found that Paterson had failed to ensure the home building work contract was signed by both parties and had demanded a deposit from the owner in excess of 6.5% of the total value of the work.

The home owner reportedly paid Paterson $4500 for a deposit and the purchase of materials for the job, which was valued at $9000. However, Paterson performed no work on the job and did not deliver any materials.

“Contracts for home building and associated work between $7500 and $500,000 must meet the minimum requirements set out in the Home Building Contracts Act,” said Building Commissioner Peter Gow.

“Paying a deposit in excess of 6.5% for home building work is one of the critical mistakes that can expose consumers to financial loss.

“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

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