Nicholas Florio: Badger Creek builder fined after Victorian Building Authority action
A Badger Creek builder has been taken to court by Victoria’s building authority after he subcontracted work without insurance, leaving homeowners high and dry.
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A Badger Creek builder faces a $10,000 fine after arranging building work without insurance — leaving homeowners high and dry.
Badger Creek man Nicholas Florio pleaded guilty to managing domestic building work under a major domestic building contract without insurance, and was fined $10,000 in the Ringwood Magistrates Court on September 24.
According to the Victorian Building Authority, Mr Florio entered into a major domestic building contract in 2015 with homeowner’s who had their previous house destroyed by fire.
The Authority’s chief executive Sue Eddy said the contract included buying and relocating a house from regional NSW to Northern Victoria.
Ms Eddy said the building work was carried out between May 2016 and October 2017 by a registered builder who was subcontracted by Mr Florio.
But according to the Authority the building work was defective and of such a low standard the house was left uninhabitable.
According to the Authority, the owners became concerned after they paid $162,650 under the contract and then received a further invoice for $20,240 on June 13, 2017.
Ms Eddy said this is when the building work slowed and defects became apparent.
The owners commissioned an inspection report, which estimated it would cost $157,820 to fix and complete the job.
The owners took Mr Florio and the subcontractor to VCAT and a settlement was reached.
Ms Eddy said while Mr Florio did not carry out the defective work, it was his obligation as the builder who subcontracted the work to another person, to take out insurance.
She said the Building Act included broad powers for the Authority to take action against anyone who broke the law.
“The obligations on builders for carrying out building work are clearly stated in the Building Act,” she said.
“There is no excuse for breaking the law. We won’t hesitate to take all necessary action to hold you accountable for wrongdoing.
“The outcome of this case should send a clear message to practitioners that if they do the wrong thing there will be serious consequences.”
Leader is attempting to contact Mr Florio for comment.
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