Attachment “C”
Special Conditions
Clause 44. Definitions and Interpretation
44.1 The conditions of the standard HIA NSW Residential Building Contract for New Dwellings Edition “7” are amended as follows:-
Clause 1.1 is amended by adding:
i)
‘Developer’ means the developer of the site ;
‘GST’ means a charge imposed under a New Tax System (Goods and Services Tax) Act 1999;
‘handover’ means the date on which the owner pays the final progress claim and the builder gives the keys to the building works to the owner in accordance with Clause 21.7 ; ‘Permits’ means and includes all planning and building approvals, including but not limited to, development consent, complying development certificate, construction certificate, permits and any other approvals necessary to be obtained from any statutory or other authority or the Developer for the building works ; and replaces any reference to ‘building permits’, ‘planning approvals’, ‘approvals’, ‘development consent’ used within this contract.
‘Tender’ means the contract tender attached to this contract at Attachment F; and
‘Tender expiry date’ means the date in Clause 45.5 or such other date as may be agreed by the builder in its absolute discretion from time to time;
ii) The definition of ‘working days’ in Clause 1.1 is deleted and replaced as follows:
‘ working days ’ means days other than Saturdays, Sundays or public holidays; and for the purposes of Clauses 12.1, 27.3, 27.4 and 35.2 also excludes any days within the industry shutdown being the 3 week period commencing on or about 22 December each year.
iii) Clause 4, and all references to clause 4 in the contract, are deleted and replaced with clause 45 .
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