Melbourne builder caught taking 40% deposit of contract price

Daniel Wayne Auld, an unregistered builder, was fined $4,500 in the Sunshine Magistrates’ Court, following an action by Consumer Affairs Victoria relating to his work at a property in Spotswood.

Mr Auld, 31, of Sunshine West, trading as Timbertec Carpentry & Constructions, pleaded guilty to various breaches of the Domestic Building Contracts Act 1995, the Building Act 1993 and the Australian Consumer Law (Victoria).  

As well as not being a registered builder at any relevant time, Mr Auld also:

• took an initial deposit of 40% of the contract price. By law, the maximum deposit a builder can ask for is 10% (for works of less than $20,000) or 5% (for works of $20,000 or more)
• failed to provide his client with a contract that included all the information legally required  
• failed to complete the work within the time period specified or a within a reasonable time
• carried out work while unregistered.

 The work Mr Auld was hired to complete included:

• demolishing existing bathrooms, plumbing, plastering, tiling and installation of bathroom cabinetry and fittings
• installing kitchen splashbacks and stair rails
• laying floorboards
• painting the house’s interior.

As well as the fine, Mr Auld was also ordered to pay $250 in court costs.

All fines must be paid to the Domestic Builders Fund.