Right First Time

Codewords 96: August 2020

By Mel Orange, Legal Member, Building Practitioners Board

Getting work done correctly the first time is an efficient way to get the job done on time, within budget and up to standard. It was also one of the reasons why the licensing regime was introduced in the first place. By having LBPs we can give consumers the confidence that their homes will be built right the first time, as LBPs should have the necessary skills and capability to build correctly and resolve any issues as they arise.

The Building Practitioners Board (the Board) deals with a lot of complaints where LBPs did not get it right first time. Instead they have been ignorant of the issues, or have chosen to ignore them, and have moved on in the building process. Often the LBPs defence is that the work was not finished, and that the LBP was going to return and remediate the non-compliant or substandard building work.

Sometimes this is acceptable, such as where a snag list is generated relating to minor items. Mistakes are made and not all mistakes should lead to an LBP being disciplined. However, when there are major quality issues or noncompliance, which should not have occurred, then a disciplinary outcome may be appropriate.

When an LBP claims “it’s not finished” as a defence, the Board will look at the sequencing of the work to assess if there is any merit to what they are saying. If deconstruction to remediate is required, or the costs involved in bringing it up to standard are greater than they would have been by doing it right the first time, then the defence is difficult to accept. The Board also looks at whether the LBP had a process to identify and deal with such issues during the build. If there is a quality assurance system in place, then the “it’s not finished” defence can hold weight. However, if the LBP was unaware of the issues, or they have had to be brought to their attention by others, then it is unlikely the Board will accept it.

This is especially the case when it is a building consent authority (BCA) that is noting noncompliance at inspections. In one complaint (Zahid Ali - C2-01592) there were repeated inspection failures, often for the same issues, over multiple sites. The Board noted that the BCAs role is to check that the building work has been carried out in accordance with the building consent. It is not to instruct or give direction on how compliance can be achieved. The Board expects an LBP to have the necessary knowledge and skills to carry out routine building work in a compliant manner without requiring such assistance.

A similar defence the Board often hears is “but the council gave it a pass”. There are various things the Board considers in this situation. Was it a case of eventually getting it right after multiple failures as in the Ali case? Did the BCA miss a noncompliance issue and pass building work that was not compliant? If this is the case should the noncompliance have been apparent to the LBP? If the Board considers the LBP should have identified or been aware of the noncompliance, then the LBP might be open to being disciplined.

Getting a pass from a BCA does not absolve an LBP from accountability for noncompliant work. LBPs should also note that BCAs are only looking at compliance; they do not check the quality of the work. Compliant work can still be substandard, especially where there is evidence of poor workmanship. Therefore an LBP can still be disciplined for work, even though it meets the minimum requirements for compliance.

Licensing was brought in to improve standards and accountability. LBPs should have the skills and knowledge to get the job done correctly, so if they botch a job they should be held to account for their negligence or incompetence.  Getting it right first time, and having a quality assurance system to catch minor mistakes, is the best way to avoid the complaints process. It is also better business practice as it helps to keep builds within budget, on schedule, and up to standard, which in turn leads to satisfied customers and a more prosperous economy for all. 

Quiz

1) Why should you build it right the first time?

1. It avoids re-work, which can be expensive, time consuming and bad for business
2. It keeps the home-owner happy, which is good for your reputation
3. It reduces the likelihood of a complaint being made about you
4. All of the above

2) If the BCA gives the build a pass, the Board will have no reason to discipline an LBP for their workmanship

1. True, if the BCA has signed off the work then everything is compliant
2. False, as the LBP is still accountable for any noncompliant work the BCA might have missed. Also, even if the work is compliant, there may still be issues with the quality of the work, or how much remedial work was required.

3) We all make mistakes, how can LBPs stop a mistake causing a complaint and/or discipline?

1. Have a process of identifying mistakes yourself, so you can deal with them during the build (i.e. quality assurance system)
2. Have the BCA inspect the work, then fix any noncompliant work they find until it passes.