Clarendon Homes Sample Building Contract

Clause 22. Final Certificate

22.1 The builder is not required to obtain any certificate of occupancy or final inspection certificate relating to the building works .

Clause 23. Notices

23.1 Unless otherwise stated in this contract , a notice given under this contract must be in writing and in English. 23.2 Notices may be given: (a) personally; (b) by sending it by prepaid post to the party's address shown in Item 3 or Item 4 of Schedule 1 or the address that is last notified in writing; (c) by sending it by facsimile to the party's facsimile number shown in Item 3 or Item 4 of Schedule 1 or the facsimile number that is last notified in writing; or (d) by sending it by email to the party's email address shown in Item 3 or Item 4 of Schedule 1 or the email address that is last notified in writing. (a) if given personally, by handing it to the other party; (b) if sent by prepaid post, 5 working days after posting; (c) if sent by facsimile, at the time and on the day shown in the sender's transmission report; (d) if sent by email, at the time of transmission unless the sender's server or email indicates a malfunction or error in transmission or the recipient immediately notifies the sender of an incomplete or illegible transmission. 23.4 If the notice is deemed to be received on a day which not a working day or after 5pm, it is deemed to be received at 9am on the next working day . 23.5 If two or more people comprise a party, notice to one is effective notice to all. 23.3 Notice is deemed to be received:

Clause 24. Defects Liability Period

24.1 The defects liability period is a period of 13 weeks commencing on and including the date of practical completion . 24.2 The owner may, before the end of the defects liability period, give the builder one list of defects in the building works that appear after the date of practical completion . 24.3 The builder must rectify defects that are the builder's responsibility and which are notified to the builder during the defects liability period. 24.4 The owner must provide the builder with reasonable access to carry out rectification works.

Refer also to the Statutory Warranties set out in Clause 39.

Clause 25. Suspension The builder may suspend without ending this contract.

25.1 If the owner is in breach of this contract the builder may suspend the carrying out of the building works . 25.2 The builder must give to the owner written notice of the suspension and details of the breach.

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