Kitchener Crespin – The Building Practitioners Board found the practitioner guilty of thirty two allegations in relation to three sites at Glen Iris, Cheltenham and Hughesdale. There were eight allegations relating to the Cheltenham site and were for breaching s16 for carrying out internal alterations for the removal of a wall and installation of structural beams for support prior to the building permit being issued. The practitioner also breached s31(1), s13(1) & (2) of the Domestic Building Contracts Act 1995 for having a non compliant contract, entering into a cost plus contract and not meeting the exceptions to do so nor containing a fair and reasonable estimate of the likely total money to be received under the contract respectively.
The practitioner had also failed to comply with comply with s221D(1) of the Building Act 1993 for carrying out plumbing work when not registered as a plumber. The practitioner was also found guilty of unprofessional conduct in breach of s179(1)(a) of the Act at the Cheltenham site for various actions including the removal of pool equipment the owner had purchased and offering to supply the same equipment to the owner at the Glen Iris site.
There were another eight allegations that the practitioner had breached at the Hughesdale site including breaches of s16(1) and s136 (2) of the Act for carrying out building work when no building permit had been issued for the work, carrying out work which did not comply with the BCA 3.8.1 & 22.214.171.124 for shower base and shower screen installation and window above the bath, and carrying out domestic building work when not covered by the required insurance respectively.
The contract was also found not to be compliant as required by s31(1) of the Domestic Building Contracts Act. The practitioner has also failed to carry out his work in a competent manner and to a professional standard in contravention of Regulation 1502(a) of the Building Regulations 2006 for defective work, not rectifying the defective works, and failing to ensure that the company demanded and received the deposit and progress payments under the contract at the appropriate times.
The practitioner was found guilty of fifteen allegations in relation to the Glen Iris site which included breaches of s16(1), s136(2), s221D(1) of the Act for commencing demolition works prior to the permit being issued, building not in accordance with the permit, and carrying out plumbing work when not licensed or registered as a plumber respectively.
The practitioner also breached s31(1), s16(1), and s19 of the Domestic Building Contracts Act 1995 for having a non compliant contract, seeking more money than the contract price when not authorised to do so, and not permitting the owner to have reasonable access to the building site and view any part of the building works respectively.
The practitioner had breached Regulation 1502 of the Building Regulations for removing roof sheeting and failing to protect from water ingress, demanding and receiving payments under the contract prior to the stages being completed, and receiving a payment from the owner in respect of an invoice from a subcontract plumber and failing to pass onto the subcontractor.
The practitioner was also found guilty of five allegations for unprofessional conduct at the Glen Iris site for inappropriate behaviour towards the owner, spray painting the site and damaging the building work resulting in serious occupational health and safety risks for anyone attending the site, cutting a suspended concrete slab above the entrance to the building with a demolition saw and two counts of creating false documents and forging the owners signature for a false claim in legal proceedings and creating a false contract document.
The Board also found a further allegation for all 3 sites finding the practitioner guilty of s179(1)(d) of the Act of conduct constituted by a pattern of conduct or by gross negligence or gross incompetence which shows the practitioner not fit and proper person to practice.
Kitchener Crespins DB-L and DB-M registrations have been cancelled.
Source: Victorian Building Authority
ACA’s report including Builders Collective Interview: