Builder Sued Over Alleged 19-Hour Workdays, Using Strava Data as Evidence
A construction company is suing a builder, alleging he billed nearly 500 hours a month, including time spent on personal activities, with fitness app data forming a key part of their case.
A builder in Newcastle, Australia, is facing a lawsuit from a contracting company that alleges he billed for an excessive number of hours, including time that appeared to be spent on personal activities like exercise and even his wedding day. The company, Modern Caves, claims James Shafren billed up to 19.5 hours a day, accumulating monthly claims of up to 494 hours at a rate of $300 per hour, potentially totaling nearly $150,000 for his family's construction company, Basebuild.
Court Proceedings
The dispute has escalated to the NSW Supreme Court, where Modern Caves is pursuing civil action over the disputed charges. Evidence presented to the court includes data from the fitness app Strava, which reportedly shows Mr. Shafren logging one to two hours of exercise on days he claimed to be working extensive hours. Additional information was allegedly gathered from sports league websites and Facebook posts.
One specific claim under scrutiny is Mr. Shafren's alleged billing for two hours of work on his wedding day, the ceremony for which took place in Toowoomba, Queensland. While the contract allowed for billing of administrative work, and the judge acknowledged the possibility of a groom working on his wedding day, the overall volume of hours claimed has raised significant concerns.
Justice Hayley Bennett described the claimed working hours as "highly implausible," suggesting a strong possibility of deceit or fraud, or at a minimum, breaches of contract or misleading and deceptive conduct. The court granted a search order to allow independent parties to examine documents, computers, and mobile devices to help ascertain the actual work performed by Mr. Shafren. This order was issued partly due to concerns that evidence might be concealed or destroyed, especially after Modern Caves' access to its construction management system was allegedly restricted when the company began questioning the invoices.
Defense and Next Steps
Mr. Shafren's solicitor, Patrick Kaluski, stated that his client denies the allegations and intends to defend the proceedings. "In the circumstances, it is not appropriate to comment any further at this stage," Kaluski added.
The case is ongoing.