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Shane Guymer’s builders license (registration) cancelled and penalty of $40,000 imposed (re: Guymer Lynnch)

Finally, after well over a year after providing a detailed written complaint to the VBA, Shane Guymer’s license has been revoked. Clearly there were a large number of other complaints, as well.

Will write more later and link with my previous posts when time permits.

Copy of letter (some information removed) below:

Also

TEXT

Shane Guymer (DB-U 34819 (cancelled))

Type of disciplinary proceeding: VBA show cause process

Decision date: 8 March 2018

Project site location: 14 sites: Croydon (x4), Thornbury, Bundoora (x2), Mooroolbark (x2), Bulleen, Clarinda, Box Hill, Craigieburn & Beveridge

Disciplinary action taken:

  • Registration cancelled, practitioner disqualified from being registered for a period of 3 years and penalty of $40,000.

Summary of relevant grounds:

  • 30 Grounds were found to be substantiated: 12 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 12 sites for failing to ensure building works progressed in a timely manner, failing to complete works within the build period specified in the relevant contracts (and/or at all) and abandoning the sites. 5 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 5 sites for failing to carry out building works in a proper and workmanlike manner. 6 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 5 sites for demanding and retaining progress claims when the relevant progress claims were not yet due. 1 contravention of section 33(1) of the Building Act 1993 (Vic.) for failing to call for a mandatory inspection in respect of 1 site. 1 contravention of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) for continuing to progress works at 1 site substantially beyond the frame stage when the RBS had not approved the mandatory framework inspection.1 contravention of section 37H(1) of the Building Act 1993 (Vic.) for failing to comply with written directions to fix building work at 1 site. 1 contravention of section 179(1)(d) of the Building Act 1993 (Vic.), for failing to comply with a determination or direction of the Victorian Civil and Administrative Tribunal (VCAT) in respect of orders made in respect of 1 site. 1 contravention of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) for failing, refusing and/or neglecting to return to 1 site to rectify defective works. A Ground under section 179(1)(o) of the Act, namely that a ground for immediate suspension exists pursuant to section 180(a) of the Act, in that the practitioner is and was an officer of a body corporate subject to external administration within the meaning of section 5-5 of Schedule 2 of the Corporations Act.A further Ground for disciplinary action under section 179(1)(g) of the Act, namely that, as a result of the preceding Grounds, the VBA reasonably believes the practitioner is no longer a fit and proper person to practise as a building practitioner.

sabhlok

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