25.3 The builder must recommence the carrying out of the building works within a reasonable time after the owner remedies the breach and gives the builder written notice of that fact. 25.4 The builder's exercise of the right of suspension does not prevent the builder from exercising any right to end this contract under Clause 27 in regard to the same occurrence.
The builder must claim an extension of time under Clause 19.
Clause 26. Early Possession If this Clause applies the owner is in substantial breach of this contract. 26.1 If the owner :
(a) enters enter into occupation of the site or any part of the site ; (b) takes control of the building works or the site ; or (c) prevents or inhibits the builder from carrying out the building work , without the builder's written consent, the owner commits a substantial breach of this contract entitling the builder to elect to either: (i) treat the owner's actions as a repudiation of this contract and accept that repudiation; or (ii) do either or both of the following: (i) suspend the carrying out of the building works under Clause 25; (ii) give the owner a notice of default under Clause 27.
Clause 27. Ending the Contract - Breach If there is a dispute consider dispute resolution. Refer to Clause 35.
27.1 A substantial breach of this contract by the builder includes but is not limited to if the builder : (a) has its licence cancelled; (b) suspends the carrying out of the building works other than under Clause 25. 27.2 A substantial breach of this contract by the owner includes but is not limited to if the owner : (a) fails to pay any amount by the due date; (b) fails to give evidence of ability to pay as requested; (c) fails to establish and maintain a security account if requested; (d) interferes with or obstructs the progress of the building works ; (e) fails to give or interferes with the builder's possession of the site ; or (f) fails to give an instruction or direction required within the time specified. 27.3 If a party is in substantial breach of this contract the other party may give the party in breach a written notice stating: (a) details of the breach; and (b) that, if the breach is not remedied within 10 working days , that party is entitled to end this contract . 27.4 If 10 working days have passed since the notice of default is given and the breach is not remedied then the party giving the notice of default may end this contract by giving a further written notice to that effect. 27.5 All notices to be given under this Clause must be given by registered post or personally.
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