WA's building regulator is reminding service providers and consumers to ensure contracts are signed and registrations are up to date after a Perth painter faced Midland Magistrates Court.
Following prosecution by Building and Energy, Simon Craig Callard (PC6284/PP6284), part of a partnership trading as Freedom Painting, pleaded guilty on 7 October 2024 to five charges under three building laws.
The court was told Mr Callard was engaged to carry out painting and decorating work valued at $16,960 at a property near York. The quote included taping and flushing wall joints to create a smooth surface and painting the home's exterior with a primer and two-coat texture.
The homeowners later lodged a building service complaint with Building and Energy, which issued a remedy order requiring Mr Callard to rectify areas including redoing the joints and ensuring a uniform colour, finish and texture for the paintwork.
Mr Callard did not comply with this order and it was converted to a $21,410 payment order for the homeowners, which Mr Callard has since paid. Failing to comply with a building remedy order is an offence under WA's building complaint laws and Mr Callard received a $1,000 fine for this.
The court also heard Mr Callard breached the Building Services (Registration) Act 2011 because his painting contractor registration had expired when he provided the quote and carried out paid painting work valued at more than $1,000. Mr Callard received a $1,000 fine, suspended for six months, for this offence and has since renewed his registrations.
Mr Callard and his business partner - who is not named after receiving a spent conviction - were fined $250 each, suspended for six months, for failing to provide a written and signed contract and variations as required by WA's home building work contract laws. Mr Callard was ordered to pay $615 in costs.
Magistrate Gregory Benn noted the homeowners had to put up with unrectified work for some time before the remedy order was resolved, but His Honour acknowledged Mr Callard's early guilty pleas, lack of prior offences during decades as a painter and payment of the monetary order and expenses.
Building Commissioner Saj Abdoolakhan said the case was a timely reminder that building remedy orders are legally binding and will be enforced.
"I also encourage service providers, and their customers, to check the registrations and licences required for the work being provided are up to date," Mr Abdoolakhan said.
"Contracts and variations must also be signed and in writing to help protect the rights of all parties."
Details of registered painters are available at the Building and Energy website or via the ServiceWA app.
