(ii) the building works may commence; (e) written evidence of development consent for the building works ; (f) if required, written proof that the owner has obtained any building approvals and has satisfied any conditions imposed by a statutory or other authority where required prior to commencement of work; and (g) if required, written proof that the owner has appointed the principal certifying authority and has paid any costs associated with such appointment. 4.2 If the owner fails to satisfy all of the above within the initial period the builder may end this contract , by giving the owner a written notice to that effect, at any time prior to physical commencement of the building works . 4.3 If the builder so ends this contract , the owner must pay to the builder the price of the services provided and works carried out to the date that this contract is ended. The price includes the builder's margin applied to the costs incurred by the builder which costs include the cost of materials on site or already ordered from suppliers that are non-returnable.
The builder may end this contract.
Clause 5. Planning and Building Approvals
5.1 The party named in Item 10 of Schedule 1 must obtain and pay for all applications for development consent and/or a complying development certificate for the building works . 5.2 If the builder is named in Item 10 of Schedule 1, the owner must provide a signed statement to the effect that the owner consents to the builder making any application for development consent and/or a complying development certificate in relation to the building works . 5.3 Notwithstanding that the builder may be named in Item 10 of Schedule 1, unless otherwise stated in this contract , at all times the owner is responsible for the payment of any and all additional fees, charges, taxes, costs and levies, however described, associated with: (a) inspections conducted by the principal certifying authority or its agents, employees and invitees; (b) registrations relating to title to the site ;
(c) planning and building approvals for the building works ; (d) complying with the conditions of the development consent, including but not limited to payment of infrastructure contributions.
5.4 If the requirements of a statutory or other authority necessitate a change to the building works the builder must inform the owner of the change required and ask for a variation for the building works to comply with the requirements.
For variations refer to Clause 18.
Clause 6. Survey of the Site
6.1 If, in the builder's opinion, the boundaries of the site are unclear, the builder must give the owner a written notice asking the owner to provide a survey of the site . 6.2 If the owner does not provide a survey within 5 working days of the builder giving notice the builder may, as the owner's agent, obtain the survey. The owner must pay to the builder on demand the total of the price of the survey plus the builder's margin applied to that price.
Page 17 of 31
Made with FlippingBook Publishing Software