Indemnity is a legal concept requiring the payment to the other party of all costs and expenses.
a party, that party indemnifies the other party for all costs, expenses, losses or damages that are incurred by the other party relating to or as a consequence of any claim for breach of copyright or moral right arising from the builder carrying out the building works in accordance with that document. 8.7 The builder owns the copyright in any document prepared by the builder .
Clause 9. Excluded Items
9.1 The owner and the builder agree that the items set out in Schedule 3 are excluded from this contract .
Clause 10. Specified Materials For variations refer to Clause 18.
10.1 If any material specified to be used in the building works is unavailable when required by the builder , the builder may ask the owner for a variation to substitute the use of similar material.
Clause 11. Materials Supplied by Owner These items should be listed in a contract document.
11.1 The goods and services to be provided by the owner must be: (a) suitable for inclusion into the building works ;
(b) supplied or completed in the time required by the builder ; and (c) completed to the satisfaction of the builder .
11.2 If the owner breaches the above condition the builder may elect to either: (a) carry out the building works without incorporating the goods or services; or (b) do either or both of the following: (i) suspend the carrying out of the building works under Clause 25; (ii) give to the owner a notice of default under Clause 27. 11.3 The builder is not responsible for the performance and suitability of goods and services provided by the owner .
For variations refer to Clause 18.
Clause 12. Commencing the Building Works
12.1 The builder is to commence the building works within 20 working days after the day that: (a) the builder receives all necessary building permits and planning approvals for the building works to commence; or (b) the owner satisfies all of the requirements of Clause 4, whichever is later. 12.2 The building period commences on the date the builder starts performing the building works on the site .
Clause 13. Site Possession and Access
13.1 The owner gives the builder exclusive possession of the site to carry out the building works . 13.2 The owner must provide all weather access . If the owner does not provide all weather access and the builder will be required to carry out further work to achieve such access the owner is deemed to have asked the builder for a variation to carry out that extra work and the procedure for variations in Clause 18 applies.
For variations refer to Clause 18.
Page 19 of 31
Made with FlippingBook Publishing Software