Cost Plus - Residential

so may, pursuant to Clause 19 , allow the Builder to suspend work. (Refer to Clause 19 ). (c) make payment as required by the contract within the period required by the contract. This includes directing any lending Authority to make payment direct to the Builder . (d) provide written instructions to the Builder , where required, in a timely and proper manner so as to avoid delay to the works. This specifically relates to variations, directions and instructions in relation to work under the contract. (e) appoint the Principal Certifying Authority ( PCA ). (f) arrange and pay for any inspection of the works required to satisfy the mandatory inspection requirements which are part of the approval process or terms imposed by the PCA . Owner’s Duty to provide full terms of approval to Builder (g) (i) ensure that the Builder receives all terms and conditions of any approval by an Authority which affects or is relevant to the works. This should be done prior to signing the contract. If not it may cause the amount money to be paid by the Owner to change. (ii) if the Drawings and Specification are lodged by the Builder this duty will be met only if the Builder collects the approval documents from the Authority. 2A. Joint Responsibilities of the Builder and Owner The Parties acknowledge the fact that: i) the amount payable by the Owner under this contract is not as at the date of the contract known; ii) the total amount payable under the contract will not necessarily be ascertainable during the course of the contract; and iii) the amount to be paid by the Owner is the result of the costs incurred by the Builder , the Builder’s fee or return and the impact of the GST on the work done. The parties agree in order to manage this situation that: (a) they will conduct regular meetings in order to: (i) review the work done and costs incurred; (ii) review the work to be done and the costs thought to be payable for such work; and (iii) make decisions and choices regarding work under the contract so that the work to be paid for by the Owner is consistent with the Owner’s capacity to pay. (b) they will, in the event that there is a conflict between the costs of the work as set out in the budget report and the Owner’s capacity to pay, adjust the work to be done so that the conflict is eliminated and as such the work to be done is work for which the Owner has the capacity to pay. The adjustment to the work is to be recorded in writing and signed by both parties and treated as a variation under Clause 14 . specification warrants their accuracy and correctness including compliance with Clause 1(c) as applicable. As of the date of the contract, the documents detailing the work to be carried out by the Builder are listed in Schedule 3 . (b) Schedule 3 requires that the party responsible for having the drawings and or specification prepared be identified. If that detail is left blank it will be concluded that the Owner is responsible for all drawings and specifications relevant to the work. (c) The Owner indemnifies the Builder against all actions, proceedings and claims for or in respect of any breach of copyright against the Builder , where the Builder does not prepare the Drawings, or prepares the Drawings under the instruction, direction or supervision of the Owner or from sketches supplied by the Owner . Contract Represents Entire Agreement. (d) Apart from any terms implied by Statute, the whole of the terms, conditions and warranties of this Contract are set out in the Contract, drawings and specification (as set out in Schedule 3 ) and will not and are not in any way varied or affected by reference to any prior negotiations, stipulations or agreement, whether written or verbal. Discrepancies and Ambiguities (a) Should there be any discrepancy or ambiguity in the contract documents the following order of precedence is to be employed to resolve the same: (i) this Agreement and Conditions including any Special Conditions; (ii) drawings to a larger scale; (b) The Builder must notify the Owner in writing of any discrepancy or ambiguity in the contract documents and request instructions on how to proceed. This AMPLE 4. (iii) other drawings; (iv) the specification. (c) they will act co-operatively and in a manner which progresses the works. (d) either party may require a meeting to be held within five (5) days of a written request for a meeting. Both parties must attend such a meeting. The party calling the meeting will identify issues to be covered at the meeting. The Builder will provide a report on the matters raised at the meeting within a reasonable time but no later then ten (10) business days after the meeting. (e) for the purpose of improved certainty the scope of work to be completed by the Builder is limited to that work for which the Owner has made or can make and does make payment. Consequently any work which is not able to be paid for by the Owner will be eliminated from the work to be carried out by the Builder . 3. Contract Documentation (a) The party that provides the drawings and/or

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