recommendations and act upon any items of the building works that the builder deems as falling outside the tolerances allowed under the “ NSW Fair Trading Guide to Standards and Tolerances” and which are noticeably different to the standard of building work and methods used in the construction of the builder’s display or exhibition homes or the allowances as noted in this contract.
Clause 51. Limitation of Liability
51.1 To the extent permitted by law, the builder shall not be liable to the owner , after handover , in respect of any claim whatsoever arising out of this contract or in any way connected with the building works or the execution thereof in a sum in excess of the contract price . In any event the builder shall not be liable to the owner in any way whatsoever for any claim or proceedings in respect of damage to such of the owner’s fittings, furnishings, fixtures or any other item, matter or thing which do not form part of the contract documents .
Clause 52. Incorporation of NSW Fair Trading Guide
52.1 The parties acknowledge and agree that the “ NSW Fair Trading Guide to Standards and Tolerances ” forms part of this contract and will provide guidance to the parties as to whether the building works have been constructed to an acceptable standard.
New South Wales Guide to Standards and Tolerances 2017
Clause 53. Respect for Staff
53.1 The Work Health and Safety Regulation (NSW) 2017 imposes a legal obligation on the builder to provide a safe workplace where staff and/or contractors can carry out their work without abuse or harassment. Any verbal or physical behaviour, or threat of such behaviour, which causes the builder’s staff and/or contractors to feel uncomfortable, embarrassed, intimidated or threatened (“ unreasonable behaviour ”), is not acceptable and will be dealt with in accordance with this clause. 53.2 If the owner engages in any unreasonable behaviour towards the builder , the builder’s staff and/or contractors, the builder can elect to: (a) Suspend the carrying out of the building works under clause 25; (b) Give the owner a notice of default under clause 27; or (c) Where the builder , acting reasonably, deems the unreasonable behaviour to be of such a serious nature that this contract and/or the building works cannot continue, the builder may end this contract immediately by giving written notice to the owner .
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