(f) the building works and any materials used in doing the building works will be reasonably fit for the specified purpose or result, if the owner expressly makes known to the builder , or other person with express or apparent authority to enter into or vary contractual arrangements on behalf of the builder , the particular purpose for which the building works are required or the result that the owner desires to be achieved, so as to show that the owner relies on the builder's skill and judgment.
Clause 40. Mandatory Conditions
40.1 To the extent required by the Home Building Act and subject to sub- clause 40.2, the building works will comply with: (a) the Building Code of Australia (to the extent required under the
Environmental Planning and Assessment Act 1979 (NSW) (Environmental Planning and Assessment Act), including any regulation or other instrument made under that Act);
(b) all other relevant codes, standards and specifications that the building works are required to comply with under any law; and (c) the conditions of any relevant development consent or complying development certificate. 40.2 The builder is not liable if the building works do not comply with the requirements of sub-clause 40.1 if the failure relates solely to: (a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the builder ); or (b) a design or specification required by the owner , if the builder has advised the owner in writing that the design or specification contravenes sub-clause 40.1. 40.3 To the extent required by the Home Building Act: (a) all plans and specifications for the building works including any variations to those plans and specifications form part of this contract ; (b) any agreement to vary this contract , or to vary the plans and specifications for the building works , must be in writing and signed by the parties; (c) the builder will notify the owner if a registered certifier is required with respect to particular work done under this contract; (d) the selection of a registered certifier is the sole responsibility of the owner (subject to section 6.6(4A) or 6.12(4A) of the Environmental Planning and Assessment Act); (e) the builder will not object to the selection by the owner of any particular registered certifier. 40.4 This contract may be terminated in circumstances provided by common law. This does not limit the circumstances in which the contract may be terminated.
Refer to Clause 27.
Clause 41. Assignment and Subcontracting
41.1 Neither party may assign this contract or any of their rights, benefits or obligations under this contract without the prior written consent of the other party. 41.2 The builder may subcontract any part of the building works but remains responsible for all of the building works .
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