Fenbreeze Homes’ builder Joseph Biju Kavilpurayidathil convicted for unlicensed building work
A dodgy home builder jailed for leaving trusting clients $500k out of pocket caused burst water pipes and significant defects but refused to fix his work. See the photos.
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A dodgy builder jailed for leaving clients $500k out of pocket has been further penalised for unlicensed building work following action by Consumer and Business Services.
Joseph Biju Kavilpurayidathil, also known as Mr Biju, was ordered to pay compensation after he refused to rectify his shoddy work during his scheme.
The Elizabeth Magistrates Court heard Kavilpurayidathil solicited for – and partially carried out – building work on properties in Para Hills and Flagstaff Hill while unlicensed during 2020 and 2021.
In the first instance, Kavilpurayidathil accepted payments totalling $4500 to remove fencing, build new fencing and install retaining walls.
After numerous delays, the consumer sought an independent inspection, which highlighted significant defects in the work undertaken, with Kavilpurayidathil refusing to undertake any additional works until further payment was made.
In the second case, Kavilpurayidathil accepted a payment of nearly $18,000 for renovation works – including the removal of fences and installation of fencing and retaining walls.
The court heard the work undertaken by Kavilpurayidathil resulted in burst water pipes damaging a neighbour’s property, and he again refused to either rectify the work, compensate the consumer for the damage or complete the work.
Magistrate Edward Stratton-Smith recorded convictions for the breaches of the Building Work Contractors Act and ordered Kavilpurayidathil pay his two victims a total of $9875.12 in compensation.
Kavilpurayidathil was sentenced earlier this month to two years and eight months jail, with a non-parole period of one year and five months after pleading guilty to 19 counts of dishonestly dealing with documents.
During sentencing, the court heard Kavilpurayidathil, 48, started his Ferryden Park company, Fenbreeze Homes in 2014 and aimed to provide an affordable, fixed-price housing construction option.
Kavilpurayidathil’s company was initially successful and completed 32 houses, before it fell into financial difficulties in late 2016.
The court heard Kavilpurayidathil needed to take on more clients to receive deposits to pay the contractors but the company had already hit its $5m insurance cap.
Under the Building Work Contractors Act 1995, it is compulsory in South Australia for builders to take out a building indemnity insurance policy on all domestic construction projects that require development approval and have a value of $12,000 or more.
The court heard Kavilpurayidathil provided fake insurance certificates to new clients so he could continue working and issued fake invoices for work that was never performed.
Minister for Consumer and Business Affairs Andrea Michaels said Kavilpurayidathil showed clear disregard for his victims by knowing he needed a licence to do the work but continuing anyway.
“He took money for works that he failed to complete, and the little work he did do was inferior to the point that both of his victims suffered a loss due to the poor workmanship,” he said.
Commissioner for Consumer Affairs Dini Soulio said Kavilpurayidathil’s actions were another timely reminder that anyone looking to hire a builder should do their homework.
“We have many hardworking, honest builders in South Australia, and the actions of people like these tarnish the industry as a whole,” he said.
Mr Soulio said it is very important for consumers to visit the CBS website and check the register to ensure their builder is actually licensed to do the job.
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