Board conduct decision — Desmond Allen
Find out about the Board's decision about licensed building practitioner (LBP) Desmond Allen.
Codewords 110: December 2022
The Board has chosen to publish the details of this hearing due to the licensed building practitioner (LBP):
- carrying out or supervising building work in a negligent manner
- conducting themselves in a manner that brings the LBP regime into disrepute.
Negligence and/or incompetence
The homeowner contracted Allen to act as a project manager for the conversion of a standalone garage into a habitable space. Before the start of the project, Allen had completed the design for the conversion.
The work started in March 2021 and progressed to a stage where internal framing had been carried out and a prewire completed. In mid-March 2021, plumbing was to commence, but the plumbers engaged by Allen refused to progress the work on the basis that a building consent was needed. At that stage, Allen had invoiced and been paid 90% of the project price. However, none of the external door units, kitchen cabinetry, bathroom fixtures and fittings or floor coverings paid for were on site. The garage door was still in place, none of the external walls had been altered, and only the internal partitions were in place with some gib board fixed.
There was no progress on site for 4 months until August 2021, when Allen assured the homeowners that he would complete a building consent application and submit it to the council.
The Board was provided with copies of correspondence between the homeowner and Allen in September 2021, where Allen stated he had submitted the building consent application and that it was being progressed:
“I have just called one of the building inspectors and he said they are still processing the consent and said it is very rare that a consent issued before the 20 working days are up”.
In November 2021, the homeowner contacted the council to check on progress with the building consent and was advised that no building consent applications had been received with respect to the property.
Therefore, the Board’s considerations in relation to negligence and/or incompetence relate to Allen’s failure to:
- obtain a building consent
- advise that a resource consent was required for the change of use.
Bringing the licensing regime into disrepute
With respect to conduct that brings the LBP regime into disrepute, the Board noted that Allen had taken 90% of the funds intended to complete the work but did not take the work beyond the early stages of construction. He has not returned any funds or delivered any materials, fittings or fixtures that have been paid for. Put simply, Allen took the money and has not applied it to the purposes for which it was received. The homeowner has had to resort to legal measures to try and recover the funds.
The Board found that Allen’s conduct has resulted in him obtaining a financial gain at the expense of the homeowner. Such conduct in the Board’s view brings the LBP regime into disrepute.
The Board's decision
The licensing regime exists to ensure the public can have confidence in those who carry out restricted building work which is integral to the safe and healthy functioning of a home. A practitioner who fails to display the required competencies puts those objects at risk.
Taking all of the above factors into account, the Board decided to:
- suspend Allen’s LBP licence for 9 months
- order Allen to pay costs of $3,500.
The Board’s disciplinary findings will be recorded on the public register for 3 years.
What we can learn from this decision
Building work must be carried out to industry standard. The necessary consents need to be obtained from the territorial authorities before the commencement of works.
It is also important that LBPs display high standard of behaviour when dealing with clients. The LBP scheme is a professional organisation, and all of our dealings with the public, our clients, and the Board should reflect that professionalism.