BPB Complaint No. C2 01158 - Substantive Decision

  • Complaint number: C2 01158
  • Region: Omitted
  • Licence class: Carpentry
  • Decision date: 23 September 2015
  • Disciplinary grounds: 317(1) d Work not compliant with building consent 317(1) b Negligent or incompetent work - not upheld

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317(1)(b) Negligent or incompetent work - 317(1)(d) Work not compliant with building consent - Failure to correctly identify the correct boundary peg – But for failure the set out of swelling would have proceeded correctly – Does this amount to negligence? - Respondent was a subcontractor – The Respondent did take some steps to verify the boundaries with the project manager – An LBP cannot abrogate to the head contractor - Degree of negligence does not reach the threshold - 317(1)(b) not upheld - 317(1)(d) upheld