Keith John Rogers and Silly Snag Pty Ltd convicted for building works without adequate licence and insurance
A builder who had been warned about working without the right licences has been fined and convicted – and was only busted after suing his client.
North & North East
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A man who had already received two warnings started building works worth almost $100,000 without an adequate licence, a court has heard.
Keith John Rogers and Silly Snag Pty Ltd appeared at the Elizabeth Magistrates Court on October 26 after pleading guilty for performing building work without a licence and without insurance.
Magistrate Christopher Smolicz said despite several warnings, Rogers continued to provide works out of the bounds of his licence, which allowed him to undertake only general repairs.
“On the 7th of December 2017, the commissioner sent a warning letter to the company regarding conducting building work outside the scope of the building contractors licence,” Mr Smolicz said.
“The commissioner clarified with the company the scope of the building works which were permitted.
“On the 2nd of March 2018 the commissioner sent warning letters to you (Rogers).”
Mr Smolicz said Rogers, 56, under his business name Silly Snag Pty Ltd, held a building licence and registration from May 2019 to February 2021 that permitted him to perform only general repairs - however, he quoted one woman almost $100,000 for a building extension.
“The building works … were substantial and involved structural changes beyond the scope of the licences,” he said.
Magistrate Smolicz said Rogers emailed the victim on May 28, 2019, with a written quote for just over $95,000, which was accepted by the victim.
“On June 12, 2020, the works were not completed according to the industry standards and as a result (the victim) suffered financial loss and engaged an independent building inspector, which identified a number of defects.”
Magistrate Smolicz said by this time the victim had already paid Rogers about $86,000 and refused to pay the rest, which led Rogers to file civil proceedings.
“I note that the actions of the defendant … can be interpreted, as I said earlier, as a sign of arrogance,” he said.
Mr Smolicz referred to Rogers’ offending as “not the worst form of offending but … nonetheless serious”.
“The building work was defective, the consumer suffered financial loss as a result of the building work and had to endure civil litigation in order to be compensated,” he said.
“From the victim’s perspective, the ordeal of engaging you as a builder can only be described as a nightmare.”
Magistrate Smolicz convicted Silly Snag Pty Ltd, which is now insolvent, without further penalty.
Rogers was convicted and ordered to pay a total fine of $13,500.