A 29-year-old Perth man has been described by a magistrate as committing “egregious offences” after being fined for three building breaches that left a homeowner almost $17,000 out of pocket for work that was never carried out.
James Kevin Geoffrey Berryman, trading as SFG Construction, WPS Roofing and WPS Roof Plumbing, was fined $5000 and ordered to pay $978.24 in costs after pleading guilty to building offences in the Joondalup Magistrates Court last month.
According to Building and Energy WA, the Department of Local Government, Industry Regulation and Safety told the court Mr Berryman had signed a $48,468 contract in July 2024 to carry out roofing, wall cladding and kitchen and bathroom renovation work at a Koondoola home.
However, Mr Berryman was not a registered building contractor, which is required to carry out home building work valued at more than $20,000 and needing a building permit. Building and Energy WA said Mr Berryman also sought and received a 35 per cent deposit for the works, equating to almost $17,000, from the homeowner. The court was also told no materials were ever delivered and no work was carried out.
Under the Home Building Contracts Act 1991, only a maximum deposit of 6.5 per cent is allowed before commencing home building work valued between $7500 and $500,000.
The 29-year-old was fined $2500 plus $978.24 in costs for undertaking to carry out a prescribed building service while not being a registered building service contractor, $2000 for entering into a home building contract with an excessive deposit, and $500 for failing to ensure required contract conditions were met.
Magistrate Andrew Maughan reportedly said the “egregious offences” left the homeowner out of pocket after Mr Berryman took a deposit, did no work and only partially repaid the money.
WA Building Commissioner Phil Payne encouraged homeowners to exercise due diligence when selecting a builder, including checking they are registered and confirming deposit requirements for home building work. “Consumers are protected by home building contract legislation, which includes the 6.5 per cent deposit limit to help avoid situations where large sums of money are taken and work is incomplete or defective,” Mr Payne said. “If your contract is over $20,000, check your builder is registered. This will ensure they have the required skills, experience, supervision and financial capacity to carry out the work.”
