The owner of a Wheatbelt landscaping business has been fined $4,000 and ordered to pay $2,200 in costs over breaches of WA's home building contracts law and failure to comply with a building remedy order.
The owner of a Wheatbelt landscaping business has been fined $4,000 and ordered to pay $2,200 in costs over breaches of WA's home building contracts law and failure to comply with a building remedy order.
Jordan Thompson of Avon Valley Landscaping was sentenced at Northam Magistrates Court on 5 May 2026.
The court heard Mr Thompson was contracted for residential landscaping work valued at $31,639.08 at a property in York. The work included installation of decking, coated steel fencing, pool fencing and other general landscaping.
Mr Thompson sought and received a deposit of $16,091 for the work, or more than 50 per cent of the contract price, but by law a deposit for home building work valued between $7,500 and $500,000 cannot exceed 6.5 per cent of the contract price.
The same laws also require that homeowners be given a prescribed notice outlining their contractual rights, which Mr Thompson did not do.
Following a building service complaint lodged by the homeowner, the Building Commissioner issued a building remedy order requiring Mr Thompson to rectify items of his work, including paving around the pool and gate areas, fencing, a farm gate and timber decking.
Mr Thompson did not comply with the building remedy order.
Magistrate Sarah Wisbey acknowledged it was a stressful time in Mr Thompson's life but noted that he did not make any attempts to comply with the order. In relation to the contractual matters, Her Honour accepted Mr Thompson had not understood his obligations and did not intend to flout the law.
Building Commissioner Phil Payne said disregard of legal protections for consumers was unacceptable.
"The limits and requirements set by the Home Building Contracts Act 1991 ensure homeowners are not left out of pocket for excessive deposits, as well as having the correct contractual documents, in the event of issues with a project," Mr Payne said.
"Building industry participants who do not follow through with their responsibilities, including rectifying their work, will face consequences."
Information about home building contracts and dispute resolution is available on the Department of Local Government, Industry Regulation and Safety's website: www.lgirs.wa.gov.au/building-and-energy .
