An unregistered builder involved in a scheme in which he falsely claimed to be a registered builder by using the other’s qualifications, has been found guilty.
Unregistered builder Matthew Easton used the name and registration details of registered builder Adrian Byers when he entered into a major domestic building contract with the owner of a Scoresby property in August 2011, to construct decking, a pergola, a carport and a garage.
Mr Easton was fined $1000 and ordered to pay almost $4000 costs after he was found guilty in Ringwood Magistrates’ Court of two charges under the Domestic Building Contracts Act 1995 (DBCA), one under the Building Act 1993 and two under the Australian Consumer Law (Victoria) (ACL).
- entered into and carried out work under a major domestic building contract when he was not registered
- entered into a contract that did not contain all the prescribed particulars required under the DBCA
- made two false representations that the services he was to supply would be performed by a registered builder.
Mr Easton breached the ACL by making false and misleading statements, telling the property owner that Mr Byers would carry out all the building work and signing a contract to that effect.
However, the contract – which did not comply with DBCA requirements – also carried the contradictory statement that Mr Easton would carry out all building work and would receive all payments under the contract.
In a separate civil proceeding in September 2013, the Magistrates’ Court at Melbourne restrained Mr Byers from falsely representing that he is a builder in relation to any premises where he is not arranging, carrying out or managing for himself building work.
Mr Byers was ordered to pay $7400 costs.
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