Clarendon Homes Sample Building Contract

g) “fails to sign, within a reasonable time, a variation evidencing a contract price adjustment , and/or requested by the builder in accordance with clauses 10.1 or 18.7 .”

Clause 45. Essential Matters

45.1 The owner must, within the initial period , give the builder :-

(a) written proof that the owner owns or is otherwise entitled to build on the site ;

(b) written details of any encumbrances, covenants, easements and caveats affecting the site ;

(c) if required, written evidence that the security account has been established and the amount required to be paid into the security account is held in clear funds or, if applicable, written evidence that the owner has sufficient clear funds to pay the contract price;

(d) if the owner is obtaining finance from a lending body , written advice from the lending body that:

(i) the amount of finance, when added to the owner’s own available funds, is sufficient to pay the contract price ; and

(ii)

the building works may commence;

written evidence of the Permits required for the building works ;

(e)

(f) if applicable, written proof that all of the owner’s obligations or requirements that come out of the Permits , that are not included in the Tender , have been satisfied; (g) if applicable, written proof that the owner has obtained the Permits and/or all of the owner’s obligations or requirements imposed by the Permits , that are not included in the Tender , have been satisfied;

(h) if required, written proof that the owner has appointed the principal certifying authority and has paid any costs associated with such appointment;

(i) if applicable, written notification to the effect that the owner has carried out any demolition or other preparatory work as the builder may require to enable commencement of the building works together with a hygienist clearance certificate as required under the Work Health and Safety Act;

(j) the owner’s completed and signed external and internal colour selections and signed final construction plans,

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