Clarendon Homes Sample Building Contract

during the building period .

(b) In the event that the owner or the owner’s contractors access the site during the building period and carry out any unauthorised works, the builder will be entitled to:

(i)

charge the owner an administration fee of $1,500.00, and charge the owner for the cost of any rectification works, plus builder’s margin , by way of a contract price adjustment , and claim an extension to the building period in accordance with clause 19.1.

(ii)

(iii)

(c) For the avoidance of doubt, unauthorised works are works that have not been approved by the builder in writing by way of variation .

47.2 The owner acknowledges and agrees not to have goods or materials of any description delivered to site prior to handover .

Clause 48. Delays and Extensions of Time

The owner acknowledges, agrees and accepts that:

48.1(a) Notwithstanding the provisions of clause 19.2, where the builder is claiming an extension to the building period due to:

(i)

adverse weather in relation to rain; the industry shutdown period; and/or late payments (as set out below in 48.4),

(ii) (iii)

the builder is not required to give notice of any claim during the building period but will, upon request by the owner , provide details of any claim and a liquidated damages calculation after the date of handover . Such request must be made by the owner within 12 months of handover . In the event that liquidated damages are due to the owner pursuant to this contract the builder will make payment after handover .

(b) The builder will calculate claims for an extension to the building period due to rain as follows:

(i)

using the daily rainfall Bulletin issued by the Bureau of Meteorology for the nearest Bureau station to the site (BOM); for all days during the building period where rain was recorded on the BOM at 2mm or over;

(ii)

(iii) on a seven (7) day week; and (iv) up to the date of handover .

48.2 The method set out at clause 48.1(b) for calculating rain days:

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