' security account ' means an account described in Clause 7;
Refer to Clauses 4 and 7.
' site ' means the land described in Item 5 of Schedule 1; ' stage ' means any of the stages described in Schedule 2;
' statutory or other authority ' means the principal certifying authority, Local Government, State or Federal Government, or any Government agency that has power to affect the building works ; ' variation ' means: (a) an omission, addition or change to the building works ; or (b) a change in the manner of carrying out the building works ; ' warranty insurance ' means Home Building Compensation (HBC) cover as referred to in the Home Building Act; ' working days ' means days other than Saturdays, Sundays or public holidays; and like words have corresponding meanings. 1.2 In this contract the general notes, the table of contents, clause headings and side notes do not form part of this contract and cannot be used in its interpretation.
Refer to Clause 18.
Clause 2. Builder's Obligations Refer to Clause 39
2.1 The builder must carry out and complete the building works in accordance with this contract .
for Statutory Warranties. Refer to Clause 40 for Mandatory Conditions.
Clause 3. Owner's Obligations
3.1 The owner must pay the contract price and other money that becomes payable under this contract in the manner and at the times stated in this contract . 3.2 If there is more than one owner : (a) the obligations in this contract apply to each of them individually and to all of them as a group; (b) a quote, notice, claim or any other communication to the owners has only to be given to one of the owners ; and (c) only one of the owners has to sign a quote, notice, instruction, direction or other communication to bind all of the owners .
Clause 4. Essential Matters
4.1 The owner must, within the initial period , give the builder :
Evidence of ownership includes a copy of the certificate of title to the site.
(a) written proof that the owner owns or is otherwise entitled to build on the site ; (b) written details of any encumbrances, covenants, easements and caveats affecting the site ; (c) if required written evidence that the security account has been established and the amount required to be paid into the security account is held in clear funds; (d) if the owner is obtaining finance from a lending body , written advice from the lending body that: (i) the amount of finance, when added to the owner's own available funds, is sufficient to pay the contract price ; and
Refer to Clause 7 for the security account.
The builder does not have to start the works until this Clause is satisfied. Refer to Clause 12.
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