Munesh Chand (CB25069)

Mr Chand was found to have:

• carried out or supervised building work or building inspection work in a negligent or incompetent manner (s 317(1)(b) of the Act), and
• carried out or supervised building work or building inspection work that does not comply with a building consent (s 317(1)(d) of the Act).

The complaint alleged that the Mr Chand was responsible for a number of failed inspections and a notice to fix for non-compliant building work. During the hearing and investigation process the Board heard evidence that two other LBPs were involved in the building work. The complaint against Mr Chand was initially heard on 3 September 2019 but the hearing was adjourned because the Board wanted to make further enquiries into these other alleged LBPs. Before the second hearing on 8 July 2020, the Complainant notified the Board that he was withdrawing the complaint. The Board resolved to continue with the matter as a Board Inquiry.

The subsequent inquiries determined that one of the alleged LBPs carried out work completely separately and the other person was not licensed at the time of the work and therefore were operating under Mr Chand’s supervision. He was not properly supervised by Mr Chand and was then cleared of any involvement in Mr Chand’s negligence.

Building work had been completed at the address prior to Mr Chand’s work which he said the failures of the work were completed by another contractor however evidence shows that this was completed by Mr Chand.  

The Board found that there was substantial and detailed evidence of serious non-compliant building work by way of the Council inspections and a Notice to Fix for which Mr Chand was ultimately responsible. Initially Mr Chand stated that other licensed persons had carried out the work. When it became apparent that the person carrying out the work was not licensed, Mr Chand changed his story and introduced a new licensed building practitioner as the supervisor. That person has denied any involvement. The Board found that Mr Chand was supervising the work based on the evidence before it and on the balance of probabilities.

The Board decided that Mr Chand had carried out or supervised building work in a negligent and incompetent manner and should be disciplined. The most serious matter the Board found is Mr Chand’s incompetence. The licensing regime is built on LBP’s holding and maintaining an adequate skill base to complete work safely. Mr Chand has blamed others claiming he wasn’t responsible for supervising others while this work was carried out, when in fact he was responsible.  

The Board cancelled the Respondent’s licence and has ordered that he may not be able to apply for a license for a period of 6 months. This conclusion was reached to act as a deterrent for any future offenders and to protect the public. The Respondent was also ordered to pay $3,500.00 toward the costs of the Board’s inquiry.

What we can learn from these decisions

Mr Chand supervised poor quality work, and was responsible for multiple inspection failures. He did not take steps to fix issues and appeared to be too reliant on the council inspections to find defects. The Board considers that licensed building practitioners should be aiming to get building work right the first time and not to rely on the Building Consent Authority to identify compliance failings and to assist them to get it right. Moreover, when compliance failings are identified, the Board would expect prompt action to be taken and that they would not repeat the same failings.

To avoid similar issues, it is sensible to be very clear on your role on a building site and whether those around you are licensed or not. Ensuring that the building project takes collective responsibility for issues and remedies them in a timely manner may avoid failed inspections and compliance notices from the council.

These decisions and other past decisions can be read in full on the LBP website