Failure to fix faults leaves roofer in red – Michael Shadlow of Emerald Roofing Services

  • Roof restorer ignored the building commissioner’s order to fix defects in Falcon
  • The matter has been brought to justice for alleging a “reasonable apology” for failure to comply
  • Guilty verdict, $ 2,000 fine, and $ 1,500 expense
  • A Mandurah roof restorer was sentenced to pay $ 3,500 in fines and costs after a court found it had no valid reason for disregarding an official remedial order.

    On December 6th, Michael Shadlow of Emerald Roofing Services was found guilty at the Mandurah Courthouse of failing to comply with an order from the building commissioner without a proper apology, which is a criminal offense under WA building lawsuits.

    The agreed facts presented to the court indicated that Mr. Shadlow was hired in March 2019 to undertake a full $ 6,150 roof renovation on a home in Falcon.

    The work was completed in July 2019, but the homeowner withheld the final payment and arranged for another company to have the roof inspected.

    The homeowner later filed a construction complaint with Building and Energy that resulted in a building renovation requiring Mr. Shadlow to fix seven areas of faulty or unsatisfactory work in the Falcons’ home within 28 days.

    Subjects included unclean tiles painted over with leaves, dirt, and moss; Spray paint on surfaces such as skylights, solar panels, and patios; washed off paint; and 30 do not replace damaged tiles or the ridge cover.

    Mr. Shadlow did not obey any part of the order.

    Although all parties agreed with the facts of the case, the matter was brought to justice because Mr Shadlow argued that he had a reasonable excuse for not complying with the order.

    Some of the reasons Mr Shadlow cited included the fact that he was traveling interstate, unwilling to use subcontractors out of pride in his work, withholding payments from the homeowner, and having no access to the property.

    However, Judge Leanne Atkins found evidence that Mr Shadlow was only a few days on the freeway during the compliance period and the homeowner failed to prevent entry.

    Her honor also stated that the outstanding payment was a separate aspect of the building remediation order and that refusal to use a subcontractor was not an appropriate excuse, especially since it was a way of ensuring compliance with the order.

    Shadlow was fined $ 2,000 and fined $ 1,500. Her Honor noted that Mr. Shadlow had no history of criminal or building regulations, but added that he had “rubbed the nose of the building inspector” due to his inaction.

    Saj Abdoolakhan, Executive Director for Buildings and Energy, said the Buildings Complaint Process applies to all paid home construction work done under a contract, even if the provider is not a registered contractor.

    “The construction complaint settlement process is an important mechanism to ensure that the parties move forward fairly,” said Abdoolakhan.

    “Building service providers who fail to meet their responsibilities will face the consequences.

    “Failure to follow an order from the building commissioner is not only illegal, it can also make homeowners feel uncomfortable or even unsafe on their own property if the construction problems are not resolved.”

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