Clarendon Homes Sample Building Contract

13.3 The owner , the owner's agents and officers of the lending body : (a) must not hinder; (i) the builder's access or possession of the site ; or (ii) the progress of the building works ; (b) must not: (i) make inquiry of;

(ii) issue directions to; or (iii) give instructions to, the builder's workers or subcontractors. Communication must only be with the builder's nominated person; and (c) may only have access to the building works at reasonable times and after giving reasonable prior notice for the purposes of inspecting the progress of the building works .

13.4 The builder's unused materials on the site are the property of the builder .

Clause 14. Hidden Site Conditions 14.1 If:

(a) either party believes that the surface or sub-surface conditions of the site may not support or are likely to affect the building works , or (b) rock is found at the site , the builder may, or must at the owner's written request, as the owner's agent, retain consultants to report on the site conditions and their effect on the building works and the cost of every consultant is to be paid by the owner as a contract price adjustment . 14.2 The builder must promptly give the owner a notice detailing the details of any extra work required and the estimated cost of that work. The builder must attach a copy of any report to that notice. 14.3 Subject to sub-clause 14.6, the owner must: (a) within 5 working days of receiving the notice under sub-clause 14.2, confirm in writing that the builder is authorised to proceed with the extra work as detailed by the builder under sub-clause 14.2; (b) pay the builder the sum of the total cost of all extra work plus the builder's margin applied to that cost at the next progress payment after the work is carried out unless a different time is agreed. 14.4 If the owner does not give the builder written notice under sub-clause 14.3 the builder may do either or both of the following: (a) suspend the carrying out of the building works under Clause 25; (b) end this contract and Clause 29 applies. 14.5 The builder is only entitled to payment for such extra work if the actual site conditions differ from those either: (a) disclosed or known to the builder prior to this contract being signed; or (b) shown in the contract documents , and if the effect of that difference requires more or less work than that which a reasonable builder would have anticiapted on the signing of this contract .

For variations refer to Clause 18.

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