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Builders, what can you do if you're faced with a complaint from the Building Practitioner's Board?

By Pierce Bedogni - 3 May 2019

One of the benefits of being a Licensed Building Practitioner (LBP) is the sole right to undertake and supervise restricted building work in New Zealand. However, with that right comes responsibility. If you fail to maintain the standards required of you, anyone can make a complaint against an LBP to the Building Practitioners Board.

There are 11 grounds for discipline under section 317 of the Building Act 2004. These include:

  • carrying out and/or supervising negligent building work
  • failing to issue a Record of Work once the building work is complete
  • carrying out work that does not comply, or without a building consent
  • being convicted of a criminal offence with a penalty of more than six months.

If it is found that the LBP has failed to maintain the required standards, then the Board may issue a penalty. Those penalties may include a fine, suspension, or cancellation of the LBP's license.

However, if you are facing a complaint to the Board, all is not lost. If there are issues regarding defective work, the Board will more likely than not require its own expert report. The parties then get a detailed, independent report, at no cost, which may end up resolving a serious contractual dispute between the parties. It may end up that after a response is filed by the LBP, no further action is taken by the Board.

To discuss the issues raised in this blog, or any other general construction issues, please contact Pierce Bedogni or any of our construction law specialists.

 

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