- Complaint number: CB26251
- Region: Waikato
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Licence class:
External Plastering
- Decision date: 22 December 2023
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Penalty:
No action taken
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Disciplinary grounds:
317(1) g Breached code of ethics - not upheld
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Summary:
The Respondent was engaged to carry out external cladding and plastering work. He was paid a deposit for the work. He attended the site, carried out less than one day’s work, and then failed to respond to queries from the Complainant. The Complainant cancelled the contract and sought repayment of the deposit paid. The Respondent did not repay the deposit and did not respond to queries from the Complainant. A complaint was made, and the Board decided to investigate the Respondent’s conduct under the Code of Ethics for Licensed Building Practitioners.
At the hearing, the Respondent outlined the circumstances that resulted in him failing to complete the work and not engaging with the Complainant. They were a personal injury, surgery, loss of key staff, a lack of subcontractor resources and a payment issue on another job, all of which led to him suffering mental health issues. As a result, the Respondent withdrew and did not deal with issues that he should have. After the complaint had been made, the Respondent repaid the deposit.
The Board found that, because of the surrounding circumstances and the repayment of the deposit, the Respondent’s conduct had not breached the Code of Ethics.
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