- Complaint number: CB26002, CB26003, CB26004, and CB26005
- LBP number: BP132078
- Region: Northland
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Licence class:
Carpentry
- Decision date: 23 March 2023
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Penalty:
318(1)f Pay fine
318(4) Pay costs
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Disciplinary grounds:
317(1) da Failed to supply certificate / record of work
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Summary:
The Complainant, a main contractor, contracted the Respondent to carry out building work on 4 new houses. The work started but, as a result of a contractual dispute, did not finish. The Complainant then sought records of work from the Respondent. The Respondent refused on the basis that his restricted building work was not complete and he had not been paid all that he was owed.
The question for the Board was whether the Respondent had failed to provide a record of work on the completion of restricted building work. There were 2 issues that had to be determined. Firstly, was the Respondent’s restricted building work complete, and, secondly, if it was, did the non-payment of his invoices constitute a good reason not to provide the records of work.
The Board found that the Respondent’s restricted building work was complete and that non-payment was not a good reason to withhold the records of work. The Board decided that the Respondent would be fined $500 and ordered to pay costs of $500. The orders were reduced on the basis that there were significant mitigating factors.
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