The Tribunal varied the building remedy order, affirming the Building Commissioner's power to make the order but extending the time for compliance by 18 weeks and deleting the requirement to remedy damage to home contents; the stay of the order was set aside. The Tribunal held that s 37(1) of the Building Services (Complaint Resolution and Administration) Act 2011 (WA) contains two distinct limbs: the first addressing the manner of carrying out the service, and the second addressing whether the resultant work 'is faulty or unsatisfactory' — meaning a builder who installs materials with a latent manufacturing defect has carried out an unsatisfactory regulated building service regardless of fault or knowledge. The 'value' of work under s 37(2)(a) is to be estimated by reference to the builder's likely out-of-pocket expenses (excluding overheads, profit and GST), not the market cost of engaging a third-party contractor, and on that basis the estimate of approximately $49,705 fell within the $100,000 prescribed jurisdictional limit.
The full text is available to signed-in members.