› Flat Chat Strata Forum › The Professionals › Bad strata managers – and unlicensed tradespeople! › Current Page
I know this is an old topic, but it is very “live” for me in NSW currently. In 2013, our Strata Manager, Building Manager and ExCo ignored expert professional advice, and agreed to engage an unlicensed contractor to do almost $20K of common property work. This unlicensed contractor had no qualifications to do the job detailed by the expert’s report. Now of course, there are issues with the work that has been done – there was no contract, and no warranties.
All of them have shrugged their shoulders and pretty much gone, so what, you’re a real troublemaker, we followed the instructions of the (unlicensed) contractor who followed the specifications of the expert engineer.
Naturally, I am now seeking consequences, as $20K is not a paltry sum to throw away and ask owners to dip into their pockets to replace. I get the negligence part of it, but my question now is about Section 5 of the Home Building Act, 1989.
5 Seeking work by or for unlicensed person
(1) An individual, a member of a partnership, an officer of a corporation or a corporation must not represent that the individual, partnership or corporation is prepared to do:
(a) any residential building work, or
(b) any specialist work,
if the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.
(2) A person must not represent that an individual, partnership or corporation is prepared to do:
(a) any residential building work, or
(b) any specialist work,
if the person knows that the individual, partnership or corporation is not the holder of a contractor licence authorising its holder to contract to do that work.
Q1. Do these definitions include the Strata and Building Managers, who must have known that the guy was not fit to do the job?
Q2. The job was completed in the second half of 2013. Did Section 5 exist back then in its current form?
Many thanks.