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Newcastle Herald
Newcastle Herald
Business
Donna Page

Hunter building contractor busted drilling holes in roof, walls and plumbing

Daniel Roberts

SERIAL Hunter-based building shonk Daniel Roberts' desperate attempts to dodge expulsion from his professional body, the Royal Institution of Chartered Surveyors (RICS), have failed.

For years Roberts has used his membership to the globally-recognised body, known as RICS, to give him professional credibility and attract clients.

In a desperate bid to keep his membership, the British national told a RICS disciplinary hearing in January that the professional body was the "cornerstone of his life".

Roberts was facing two allegations that he deliberately damaged a construction project at Jesmond and failed to exercise due skill or care while working on the boarding house, which resulted in a host of defects.

He told the RICS disciplinary panel that he was "at the relative start of his career" and "did not think it was necessary for him to be expelled from the profession and that training or mentorship could be put in place".

But following seven days of hearings across January and April, RICS members voted to expel Roberts, finding his actions in deliberately trashing the Jesmond development would significantly damage the public's confidence in the surveying profession.

"The panel noted that these were serious breaches of the rules and that the departures were a significant departure from what would ordinarily be expected of a professional," RICS' April 4 ruling reads.

"It considered that the behaviour had the potential to significantly undermine public confidence in the profession and in the RICS."

The allegation that Roberts was responsible for the defects at the Jesmond site was not proven, because the panel was unable to establish that the 38-year-old was the builder or supervisor on the project.

Daniel Roberts' LinkedIn page.

A Newcastle Herald investigation revealed in November 2020 that Roberts and his business partner Shashanth Shankar Tellakula Gowrishankar were linked to numerous building companies accused of leaving a string of construction and financial disasters across the Hunter and Sydney.

Dozens of people - including homeowners, tradies, developers and suppliers - spoke to the Herald, alleging a host of defective or incomplete work and unpaid bills causing nightmares for unsuspecting homeowners and businesses.

In March last year, Roberts, of Wallsend, became the first person in the NSW construction industry to be held personally liable for being negligent under new laws designed to tighten protection for homeowners and owners' corporations.

In a legal first, Roberts was ordered by the NSW Supreme Court to pay more than $1 million to a group of Newcastle mum-and-dad developers after he deliberately ransacked their Jesmond construction project.

It was the same construction project that Roberts faced the RICS' hearing about.

Roberts did not attend the Supreme Court matter in Sydney, but gave evidence at the RICS disciplinary hearing in the hope of retaining his membership.

"Mr Roberts told the panel that he did not attend the Supreme Court hearing as he was under duress, in fear, having received threats from those associated with the project," the RICS judgement reads.

"He also detailed personal issues which contributed to his decision not to attend. He told the panel that where the damage and defects had been accepted by his counsel, this was not on his instruction ... He urged the panel to place greater weight on his oral evidence, than on the evidence given to the Supreme Court, which the panel had not heard."

According to the Supreme Court judgement, Roberts was overseeing the commercial construction of the boarding house in Goodwin St, Jesmond, for DSD Builders - controlled by his then wife Angela Sendjirdjian and now in liquidation - when a dispute broke out in early 2018 about money and defects.

The court ruled that following the dispute, Roberts took to deliberately trashing the property and stealing building materials.

Sewer pipes were blocked with concrete, a circular saw used to cut through structural beams, holes drilled through walls, plumbing, external cladding and the roof and the bathroom waterproofing was deliberately damaged.

Roberts also stole the internal stairs, skylights and almost every window and door from the property.

Goodwin Street Developments was successful in pursuing a claim for $586,000 to rectify the damage and replace stolen goods and $300,000 to fix defects.

None of the money has been paid after Roberts declared bankruptcy for the second time in less than a decade last year, owing $25 million to more than a dozen creditors.

The court heard the development was riddled with defects, including an exposed unsupported pier footing, frame built on sewer pipes, brick retaining wall not waterproofed, non-existent termite protection system and black mould on timber frames.

Development in Goodwin St, Jesmond.

But Roberts told the RICS hearing that the problems "should not be described as defects but as works in progress" because the development had not been completed.

He also claimed that he was not the builder on the project and his "sole role" was as quantity surveyor.

In considering punishment, the RICS panel noted it was "particularly concerned with the nature of the behaviour".

"It considered that the conduct was extremely serious and that there had been only limited insight expressed," it found.

"The panel determined that, in the absence of any full and true reflection by Mr Roberts of his actions, it could not be satisfied that the conduct would not be repeated in the future if Mr Roberts found himself in a similar position."

Roberts told the panel that publication of its decision would be "detrimental to his reputation", but the panel found publication was necessary to uphold the reputation of the surveying profession.

He was expelled from the profession and ordered to pay $38,000 in costs.

"Mr Roberts told the panel that provided a payment plan was in place, he could pay any costs awarded against him and was willing to do so," the decision reads.

"He said he had a high earning capacity. The panel noted this was somewhat at odds with his email to RICS in response to a request for his statement of means, whereby he declared he had no current income."

Daniel Roberts working on a Wallsend development site.

According to Roberts' LinkedIn profile, he has been a RICS counsellor since August 2020.

"Daniel's philosophy is to aim for the good and promote quality over quantity," it reads.

"Daniel has been nominated as a finalist in the 2020 RICS awards for innovation for his contributions towards the built environment as a finalist for "sustainability project of the year" and "young achiever of the year"."

Developer of the Jesmond site Jeff Stokes previously told the Herald the investors were about $4 million out of pocket following the five-year legal battle, while the boarding house sits unfinished.

Mr Stokes said while he was "over the moon" that pursuing Roberts set a legal precedent and could help others in future claims against dodgy building industry operators, the fight with Roberts had been extremely costly.

Despite his cries of crippling financial stress, Roberts, 38, is still spotted driving around Newcastle between development sites in a luxury Porsche 911.

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