A former Brisbane resident has become the fifth person convicted and fined this year for illegal building activities in prosecutions brought by the QBCC.
Paul Joseph Ford was convicted and fined a total of $16,000 in Beaudesert Magistrates Court on 24 April 2024 for three offences relating to unlicensed building work at a Jimboomba property in 2021.
Mr Ford was not present in court when her Honour Magistrate Tracy Mossop convicted him of unlicensed building work, not using a contract that complies with requirements, and demanding an excessive deposit from a homeowner.
The QBCC has also prosecuted another three individuals this year in cases where convictions were not recorded [details of these are in the section below].
Acting Commissioner of the QBCC, Tim Murphy, has urged homeowners to only ever use licensed contractors, regardless of the size of their building project.
He said unlicensed individuals exposed owners to illegal and potentially dangerous work, and their work might not be covered by the safety net provided by home warranty insurance.
“The Queensland Home Warranty Scheme is the most accessible scheme in Australia and protects owners if work is incomplete or defective,” Mr Murphy said.
“Owners should get more than one quote, only use a licensed contractor and a contract, and ensure they have their home warranty insurance policy in place before work starts.”
He said the money paid by owners to the unlicensed individuals prosecuted so far this year highlighted the risks in using unlicensed individuals and ranged from $3,350 to $49,000.
QBCC Prosecutions in 2024 for unlicensed building activities
On 25 January 2024, Paul Lawrence Coplick was convicted of unlawfully carrying out building work, fined $15,000 and ordered to pay compensation of $3,350 to a homeowner.
On 9 February 2024, a man pleaded guilty in the Rockhampton Magistrates Court in relation to two charges brought by the QBCC.
The man was fined a total of $6,000 for unlicensed building work and not using a contract that complies with requirements. Convictions were not recorded.
On 15 March 2024, Richard Kaddour was convicted and fined $20,000 for unlawfully carrying out building work and performing building work without a written contract.
On 5 April 2024, a man pleaded guilty in the Holland Park Magistrates Court in relation to unlicensed building work and carrying out plumbing and drainage work without an appropriate licence. The Magistrate fined the defendant a total of $8,500 and convictions were not recorded.
The QBCC prosecuted a man in the Beenleigh Magistrates Court on 12 April 2024 in relation to unlicensed building work, pretending to be a licensee, not using a contract that complies with requirements and demanding and receiving an excess deposit from a homeowner.
The defendant failed to appear and fined a total of $15,000. Convictions were not recorded.
Two separate cases were prosecuted by the QBCC on 19 April 2024.
Gurbuz Oktay and Charles Falevalu Tauvao were both charged with unlicensed building work, not using a contract that complies with requirements, and demanding excessive deposits from home owners.
Mr Oktay was also charged with pretending to be a QBCC licensee. He was convicted of all four offences and fined $25,000.
Mr Tauvao pleaded guilty to all three offences and was convicted and fined $15,000.
On 24 April 2024, Paul Joseph Ford was convicted and fined $16,000 for unlicensed building work, not using a contract that complies with requirements, and demanding excessive deposits from home owners.
If you're lodging a defective work complaint, it's important to submit photos of the building work issue so the QBCC can understand the matter.
See our top tips below for taking the best photos of your defective work:
You can also save the guide below for easy reference.
Learn more about the common causes of building work disputes, tips to help prevent disagreements from escalating, and the dispute process, including the responsibilities of both parties.
Learn about the non-completion building approval process.
When a claim for assistance to complete residential construction work under the Queensland Home Warranty Scheme (QHWS) is approved, progress of the claim is often restricted by missing certificates that relate to the built work finished before the termination of the original contract, such as:
We have no power to assist with acquiring certificates for the building work carried out before the termination of your contract with the original contractor. Assistance for the cost of these certificates is expressly excluded from the QHWS terms of cover.
Note:
While the QBCC can settle claims in a variety of ways, it is our position that the most appropriate way to settle claims is to pay an appropriately licensed contractor to complete or rectify the building work. The contractor is appointed by the QBCC following a tender process managed by the QBCC’s external building consultant. The appointed contractor that completes the work is responsible for providing certification for any building work carried out as part of the QHWS claim only.
If your circumstances indicate your claim may be suitable to be settled in another way, your claims officer will discuss the options with you and provide you with written details of the proposal.
To avoid unnecessary delays to the progress of your claim you should contact the building certifier who provided the building approval to advise you about the building approval process and how to engage their services directly.
When requesting a quote from the building certifier to re-engage their services request an itemised quote separating:
By seeking an itemised quote from the building certifier, you may be entitled to claim for the cost of building approval for the new work, subject to the terms of your original contract and the QHWS.
If you are unable to re-engage with the private certifier who issued the building approval, you should contact your local council for assistance with the appointment of a private certifier.