Builder fined $150,000 after ignoring regulatory orders and abandoning a Footscray house

A court has convicted and fined builder Lance Ferris $150,000 after he ignored regulatory orders over a defective and incomplete new build in Footscray and abandoned the site.

The 58-year-old, who failed to appear in the Melbourne Magistrates’ Court, was found guilty on all three charges brought by the Building and Plumbing Commission (BPC).

The charges include:

• carrying out building work that didn’t comply with the Building Act, building regulations, the National Construction Code (NCC) and approved permit documentation
• failing to comply with a direction to fix defective building work
• failing to comply with a statutory direction to provide information and documents to the BPC.

The court heard the homeowners signed a major domestic building contract with Ferris, a registered builder at the time, for the construction of a two-storey house and garage in Footscray.

The two-year project blew out to four years before Ferris eventually abandoned the site, walking away with more than $580,000 for an incomplete build that was later found to be riddled with significant defects.

BPC inspectors found 19 building defects including extensive structural non-compliances and issued Ferris with a Direction to Fix requiring him to rectify the items within a specified time frame.

A plumbing inspection was also carried out and uncovered non-compliant work in the areas of drainage, refrigeration, mechanical, sanitary, water supply, gasfitting and roofing.

Despite numerous opportunities Ferris never responded to the BPC and as there were no compliance certificates lodged for the plumbing work, the BPC could not issue Rectification Notices.

The court was told an independent report put the cost of fixing the defects and completing the remaining work at more than $400,000, or almost $1.3 million for a complete demolition and replacement house.

In a victim impact statement, one of the homeowners said the whole experience has had a profound emotional and financial impact on her life and taken a significant toll on her wellbeing.

She said the substantial financial losses and disruption have turned what should have been an exciting milestone into a prolonged and distressing ordeal for her and her family.

Magistrate Simon Zebrowski said the offending warranted a high penalty due to the professional obligations expected of a registered builder and the substantial financial loss suffered by the homeowners.