Clause 33. Interest on Late Payments Interest can be charged on any amount to be paid by the owner to the builder.
33.1 The builder may charge the owner interest at the rate stated in Item 12 of Schedule 1 from the day on which an amount falls due to be paid to the builder up to and including the day that amount is paid.
Clause 34. Debt Collection Costs
34.1 The owner must pay to the builder any debt collection costs, including any legal fees and costs associated with recovering or attempted recovery of an amount under this contract .
Clause 35. Dispute Resolution
35.1 If a dispute arises then a party must give written notice to the other party setting out the matter in dispute. 35.2 The builder and the owner must meet within 10 working days of the giving of the notice to attempt to resolve the dispute or to agree on methods of so doing. 35.3 If the dispute is resolved the parties must write down the resolution and sign it. 35.4 The parties agree that anything done or said in the negotiation cannot be revealed in any other proceeding.
Clause 36. Risk
36.1 While carrying out the building works to and including the date of practical completion , the builder is responsible for loss or damage to the building works except to the extent that it is caused or contributed to by an act or omission of the owner . 36.2 The builder is not responsible for loss or damage to the owner's property or property for which the owner is responsible that is left on the site . 36.3 The builder is not responsible for personal injury, death, property loss or damage caused by war or terrorism. The owner is responsible for such injury, death, damage or loss. 36.4 The builder is not responsible for any loss and damage that the owner may incur arising from the owner taking early possession in breach of Clause 26.1. 36.5 The builder must take all reasonable steps to mitigate any loss or damage to the building works caused or contributed to by an act or omission of the owner .
To mitigate is to take steps to reduce or limit the loss or damage.
Clause 37. Indemnity Indemnity is a legal concept by which a person is to reimburse the other person for costs incurred.
37.1 Except to the extent limited by another provision of this contract , each party indemnifies the other against: (a) loss or damage to property (other than the building works ); and (b) claims in respect of personal injury or death, arising out of or as a consequence of a cause or event at that party's risk.
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