Builder fined over failure to manage residential property project

Now retired, the breach occurred when Mr Allingame was co-director and nominated supervisor for a company formerly known as Pindan Pty Ltd and trading at the time as Switch Homes for Living. The company is now in liquidation.

In 2013 and 2015, Pindan constructed a single-storey home “that was subject to workmanship and contractual complaints from the owners, which resulted in the Building Commissioner issuing building remedy orders”.

According to Building and Energy (WA division), the complaints related to the minimum thickness of the concrete slab not being achieved, the footings not being constructed adequately, slab reinforcement mesh laid incorrectly, no waterproof membrane between the slab and footings and the sewage plumbing not being in the correct position.

“Remedial work subsequently carried out by Pindan on the slab and footings, which also included replacing the wet area portions of the slab, did not comply with building standards and compromised the termite barrier,” a statement from Building and Energy confirmed.

“The board found Mr Allingame had failed to properly manage and supervise the building project as the nominated supervisor for Pindan. It was admitted by Pindan during the investigation that there was no company representative on site during the concrete footings’ and slab pour, and this lack of supervision contributed to the faulty work.

“At the completion of the project in March 2016, Pindan and the property owners signed a confidential settlement agreement.

“In October 2019, Mr Allingame requested cancellation of his building practitioner’s registration due to retirement. In November 2019, the company went into administration so action against it was discontinued.”

Commenting further, Building and Energy A/executive director Saj Abdoolakhan said the building company, which is no longer trading, and Mr Allingame, who has now retired, had failed to properly manage and supervise the building service.

“The lack of supervision and proper management of this project was significant and was compounded by the builder’s rejection of the owners’ original complaint by refusing to recognise the defects bought to its attention,” Mr Abdoolakhan said.

“Not only did Mr Allingame not detect the deficient building work in the first place, he did not ensure the rectification works were carried out properly either.

“Throughout the dispute, Mr Allingame failed to properly manage and supervise the rectification works in a way that ensured the new work complied with all applicable standards and tradesman-like work practices.

“As a direct result of Pindan’s and Mr Allingame’s conduct, the owners, who were in their mid-70s during construction, suffered financial and emotional distress as they attempted to have their home built to the required standards and were left living in a shed on the property.

“We will remain vigilant and take action against any builder who fails to meet their obligations with regard to meeting standards, adhering to approved plans and specifications and ensuring the proper supervision of their projects.”