Fleeing LBP fined $5.2k

A Christchurch-based Licenced Building Practitioner (LBP) was fined $3,500 and ordered to pay costs of $1,750 after he was found to be negligent and incompetent in the construction of a deck and retaining wall

David Driver, who holds a Bricklaying and Blocklaying Licence, was contracted to construct a timber deck and retaining wall. Upon completion, the client complained about the quality and compliance of the work. However, following the complaint, Immigration New Zealand records show that Driver had left New Zealand and has not since returned.

Poor work unveiled

The Board’s investigation found several issues with the deck, including:

• The use of 50x50mm and 75x25mm landscaping pegs and 100x75mm fence posts in place of 125x125mm H5-treated piles.
• Undersized bearers with unsupported joins.
• An unsupported corner of the deck, relying on a 100×50 joist cantilevering 720mm (at the time of the hearing, it was sagging and at risk of collapse).
• Sub-floor framing supported by the underlying ground in places.
• Kwila decking timber installed tight rather than the recommended 4 to 6mm ventilation gaps.

The 1.7m high timber retaining wall appeared to have no drainage behind it, which could lead to collapse due to water build-up.

Driver also failed to ensure a consent was obtained for the work on the retaining wall. The Board found he had a duty to assess whether a consent was required before the building work commenced.

“The wall was also supporting the neighbour’s concrete wall. Given the height of the wall and the surcharge, the wall should have been specifically designed and have a building consent for its construction,” said the Board.

“The Engineer’s review noted that the wall was higher than 1.5m and that there was a surcharge. As such, a building consent was required. The Respondent should have turned his mind to this and should have ensured a building consent was in place before the building work was carried out.”

The Board also stated there was “clear evidence of poor-quality building work”, which was not Building Code-compliant, or carried out in accordance with NZS 3604 or any other compliance method.

“Looking at the level of non-compliance and the fundamental nature of the compliance failings, such as the risk of collapse, the use of non-compliant materials and fixings, and timber that was not ground-treated in contact with the ground, the Board decided that the Respondent was incompetent.”

Additionally, Driver was conducting work he did not hold a licence for (carpentry).

As a result, the Board found that Driver conducted himself in an incompetent manner regarding the deck construction and was negligent regarding the failure to obtain a building consent for the retaining wall.  He was ordered to pay a fine of $3,500 and costs of $1,750.