(a) is fair and reasonable, (b) may in fact disadvantage the builder where rain affects the site beyond the claimable day/s of rain as per clause 48.1(b), and (c) applies regardless of whether trades/contractors are on site on the claimed rain days.
48.3 (a)
The builder will claim for the industry shutdown as a 3-week period commencing on or about 22 December in each year, regardless of whether trades are on site during that 3-week period.
(b) The owner acknowledges and accepts that while some trades may be on site during this 3-week period the builder has incurred a claimable delay due to suppliers / administration / supervisors / trades not operating during this period. 48.4 Where the owner has not paid a progress payment (in accordance with Schedule 2), an expense, variation or contract price adjustment within three (3) working days of the due date, the builder is entitled to an automatic extension of time equal to the number of days such payments are overdue calculated from the due date.
Clause 49. Owner Acknowledgments and Agreements
49.1 The owner acknowledges and agrees that:
a) in the event that any of the terms and conditions in the Permits fall outside the builder’s usual form of building practices then the builder may end this contract by giving the owner a written notice to that effect at any time prior to commencing the building works and the provisions of clause 45.3 shall apply. b) the contract price is based on the sewer main being located within the site boundaries and, unless otherwise stated in the Tender , does not include the replacement of any old earthenware pipe from the sewer tie within the site boundary, to the sewer main, nor any new connection to the main. The existence of additional sewer lines or the sewer line being found to be in a different location may lead to additional works. The cost of such works will be added to the contract price by way of a contract price adjustment . Where the sewer main is located on a neighbouring property, it is the owner’s responsibility to obtain approval from the neighbour and/or relevant authority for connection to the sewer main. c) no variation , except for initial colour variations and selections, will be allowed to be made after the date of this contract . A request for any variation after this date may be accepted at the sole discretion of the builder , subject to the payment by the owner of an administration fee of $1,500.00 each time a variation is requested plus an amount to cover all associated costs to enable
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