Builder fined for not supervising dig (Brad Ross Homes Pty Ltd and Bradley William Ross)

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Lesmurdie-registered builder Brad Ross Homes Pty Ltd (BC12915) and its director and nominated supervisor Bradley William Ross (BP12915) have each been fined $3,000 by the Building Services Board for negligent conduct.

The findings relate to building services carried out at a property in Cottesloe. The Board found the company had been negligent by:

  • failing to ensure that soil excavation on the property’s boundary was properly managed and supervised, despite knowing that the owner of a neighbouring house was concerned about possible damage to a parapet wall; and
  • carrying out building work contrary to the approved plans, by installing an additional concrete piling near a swimming pool.

As the company’s nominated supervisor, the Board found Mr Ross failed to properly manage and supervise the soil excavation.

Brad Ross Homes was contracted in 2015 to carry out building work at the Cottesloe property – involving demolition of an existing house and construction of a new home with a basement and a swimming pool.

The owner of the neighbouring property had expressed concern about the stability of his home’s parapet wall during the work. Brad Ross Homes engaged a contractor to carry out a grout injection treatment to support this wall ahead of soil excavations.

However, the neighbour’s wall partially collapsed while an earthmoving contractor was working alone on site. The home’s occupants were required to vacate the premises until repairs were completed under insurance arrangements.

The Board also considered a separate issue at the same Cottesloe project, in which Brad Ross Homes installed an extra concrete piling near the swimming pool without lodging additional plans with the local council.

“This case is a reminder that builders must take their responsibilities seriously when it comes to properly managing and supervising their projects, especially when particular concerns have been highlighted,” Building Commissioner Ken Bowron said.

“Building service providers may face fines for negligent conduct from the Building Services Board or the State Administrative Tribunal. We will continue to hold to account and name those who put the public interest and integrity of the building industry at risk.”

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Note: Building and Energy (a division within the Department of Mines, Industry Regulation and Safety) was formed in January 2018 by the amalgamation of the Building Commission and EnergySafety.

Media contact:

Sarah Roberts – 0466 409 828 or bemedia@dmirs.wa.gov.au

Building and Energy
Media release
10 Aug 2018

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