53.3 If the builder ends this contract in accordance with clause 53.2(c), the owner must pay to the builder : (a) the price of the works carried out to the date that this contract is ended, (b) cost of materials on site or already ordered from suppliers that are non- refundable, (c) builder’s margin applied to the costs incurred by the builder , plus (d) damages.
53.4
Unreasonable behaviour includes, but is not limited to, –
(a) Use of hostile, abusive or offensive language causing distress to staff (in person, over the telephone, in written communication; and directly or indirectly, e.g. through social media), (b) Name calling, racial or derogatory comments, (c) Raising of the voice, swearing, cursing, shouting, (d) Naming staff online and/or on social media, (e) An unreasonable fixation on an individual staff member, (f) Giving directions and/or instructions to workers or subcontractors who are on site , (g) Covertly recording meetings and conversations, (h) Falsifying documents, (i) Making excessive demands of staff by bombarding with telephone calls, emails and written correspondence, and not allowing sufficient time for staff to provide a response, (j) Persistently approaching the builder through different channels about the same issues, and/or seeking an outcome that has already been declined by the builder for valid reasons.
Clause 54. Effect of the owner ending the contract prior to commencement of the building works
54.1 The owner acknowledges and agrees that in the event the owner , for any reason whatsoever, wishes to end this contract prior to commencement of the building works the builder will be entitled to payment of an amount the greater of:-
(a)
5% of the contract price , or
(b)
(i)
an amount to cover all direct costs and expenses paid by the builder on behalf of the owner ; plus
(ii)
an amount to cover all indirect costs incurred by the builder , including but not limited to: - sales commission, - time spent for estimating, drafting, customer service, colour studio, tender and contract preparation and presentation and general administration of the contract from the date of the payment of the initial fee to the builder up to the date the contract is ended.
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