17.6 Other than in relation to the final progress claim:
(a) payment of a progress claim is on account only; and (b) the owner has no right of set off.
Clause 18. Variations Variations may change the contract price.
18.1 A variation must be in writing and signed by or on behalf of the builder and the owner . Either the owner or the builder may ask for a variation . 18.2 If the owner asks for a variation , the builder must reply in writing as soon as is reasonable.
Refer to Clause 40 for Mandatory Conditions.
18.3 The reply is to be either:
(a) a signed written offer to carry out the variation detailing: (i) the work required to carry out the variation ; (ii) the price of the variation ; and (iii) any extension of time to the building period as a result of carrying out the variation ; or (b) a refusal to carry out the variation . The builder does not have to give any reasons for refusing to carry out a variation . 18.4 If the owner does not give to the builder signed written acceptance of the builder's offer within 5 working days of the builder giving the reply, the builder's offer is deemed to be withdrawn 18.5 If the price of a variation is not agreed prior to it being carried out that price includes: (a) the deduction of the reasonable cost of all deletions from the building works ; and (b) the addition of the total cost of all extra work plus the builder's margin applied to that cost. 18.6 The price of a variation is due and payable at the next progress payment after it is carried out unless a different time is agreed. 18.7 The owner must not unreasonably withhold consent to any variation which is required for the building works to comply with the law or a requirement of any statutory or other authority . 18.8 The owner acknowledges that the colour and grain of timber, granite and other natural materials can vary. The builder is to use reasonable endeavours to match the colour or grain of any sample selected by the owner but is under no liability if there is a difference and such difference is not a variation .
The builder may ask the owner for evidence of ability to pay for the variation. See Clause 7.2.
Clause 19. Delays and Extensions of Time
19.1 The builder is entitled to a reasonable extension of the building period if the building works are delayed by the builder suspending the building works under Clause 25 or from a cause beyond the sole control of the builder including but not limited to:
(a) a variation or a request for a variation by the owner ; (b) an act of God, fire, explosion, earthquake or civil commotion; (c) adverse weather ; (d) an industrial dispute; (e) a dispute with adjoining or neighbouring residents or owners; (f) anything done or not done by the owner ; (g) delays in getting any approvals;
Page 22 of 31
Made with FlippingBook Publishing Software