Builder Blames Third Party for Unsupervised Work During Inspection

Auckland builder Angelo Madut has been fined $8,000 in the Manukau District Court following a prosecution by the Ministry of Business, Innovation and Employment (MBIE). Judge Forrest found Madut guilty of performing restricted building work without a licence and knowingly providing false information to an inspector regarding his credentials.

Unauthorized foundation work and credential misuse

The court proceedings centered on foundation construction work Madut performed at an Auckland residential development. According to the MBIE, this work is classified as restricted building work, which requires oversight or execution by a Licensed Building Practitioner (LBP). Investigations revealed that Madut carried out the project while unlicensed and without the required supervision.

During a subsequent building inspection, Madut claimed that another licensed practitioner had supervised the foundation work and presented a copy of that person’s licence as proof. However, the MBIE investigation determined the named practitioner had no involvement in the project and had not authorized the use of their credentials.

Regulatory importance of the LBP scheme

The MBIE emphasized that the LBP scheme exists to ensure that construction projects meet safety and quality standards. Bevan Yee, the ministry’s acting national manager of occupational regulation, stated that the scheme is essential for providing homeowners and councils with confidence that work is performed by qualified professionals.

“It is an offence to use another practitioner’s licence without their consent,” Yee said. Under the Building Act 2004, the unauthorized use of credentials and the performance of restricted work without a licence are serious violations of building regulations.

Legal consequences and future implications

While the court imposed an $8,000 fine in this instance, the Building Act 2004 allows for significantly higher penalties. For cases involving restricted building work carried out without the appropriate licence or supervision, fines can reach up to $50,000.

Following this sentencing, it is likely that building inspectors will continue to exercise increased scrutiny when verifying LBP credentials at residential sites. The outcome serves as a reminder to the construction industry that the misrepresentation of professional qualifications carries both legal and regulatory risks. Future prosecutions may follow if the ministry continues to identify similar instances of unlicensed work or the unauthorized use of practitioner identities.

Builder Didn't Want a Third-Party Inspection… Here's Why! 🔎🏠 #newhomebuild #newconstruction #home

Leave a Comment