Failure to fix a defective driveway has cost a Rockingham concrete business and its directors $16,000 in fines, following prosecution by WA’s building regulator.
Building and Energy’s case against Decorative Concrete Specialists Pty Ltd and directors Gerard Zomer and Paula Seager concluded at Rockingham Magistrates Court.
The company and Mr Zomer did not appear and were convicted in their absence. Ms Seager appeared in court and pleaded guilty to her role in the company not complying with a building remedy order, which is an offence under WA’s building complaint laws.
The court was told Mr Zomer and Ms Seager were the directors of Decorative Concrete Specialists when the business entered into a $7,300 contract to install an exposed aggregate concrete driveway at a Secret Harbour property. The concreting work was carried out by Mr Zomer on behalf of the business.
The homeowners later lodged a workmanship complaint with Building and Energy due to cracking and inadequate thickness of the concrete. The regulator issued a building remedy order for Decorative Concrete Specialists to rectify the driveway within a month.
When no rectification was carried out, the homeowners arranged for another concreter to replace the driveway and the original remedy order was changed to a payment order for the additional costs. Payment orders can be enforced through the Magistrates Court if they are not complied with.
In court on 17 November 2023, the company was fined $10,000 with costs of $500, Mr Zomer was fined $4,000 with costs of $500 and Ms Seager was fined $2,000.
Magistrate Linda Keane said the homeowners had faced significant inconvenience and cost due to the defective work, including paying another business to replace the driveway.
Building and Energy Executive Director Saj Abdoolakhan said building industry participants who do not uphold their responsibilities will be held to account.
“The significant fines in this case should send a clear message that it is unacceptable to not do the work properly in the first place and to show disregard for the opportunity to make it right,” Mr Abdoolakhan said.
