(FINAL_March2020) BC4 Contract_FLIPBOOK(s)

32. Definitions (a) Words in this Contract importing the singular shall be deemed to include the plural and vice versa where the text so requires; words importing a gender include every gender; words importing persons shall be deemed to include companies and bodies corporate and/or bodies unincorporated. (b) “Act” means Home Building Act 1989. (c) “Act of insolvency” means:- (i) an act of bankruptcy as defined under the Bankruptcy Act 1966; (ii) the entry into a scheme of assignment or arrangement; (iii) the appointment of provisional liquidator, liquidator, receiver, receiver in manager, administrator, scheme administrator, controller, trustee in bankruptcy, interim receiver, controlling trustee or any other such administrator. (d) “Construction Period” – see Schedule 2 item 5 . (e) “Day” or “Days” for the purposes of this contract, other than clause 20, does not include:- (i) Saturdays, Sundays or industry rostered days off; (ii) or any day that has been gazetted or proclaimed to be a public holiday in the locality where the works are being or are to be executed;

(iii) any other day which specifically excluded from the construction period as listed at Schedule 2 item 5(c) . (iv) January 2, 3, 4, 5, 6 and December 27, 28, 29, 30 and 31 of the calendar year. Please also refer to Clause 20 . (f) “Latent Condition” – physical conditions on site or affecting the site which differ materially from the physical conditions which should have reasonably been anticipated at the time of contracting. (g) “Mandatory inspection” – an inspection required by the Principal Certifying Authority and listed in the terms of approval allowing the work to proceed. (h) “Relevant Authority” is a body or organization, statutory or otherwise, which has authority over the Work in accordance with any legislation, including suppliers of services such as gas, electricity, telecommunications, water, stormwater or sewerage. (i) “Work”, “works” or “work under the contract” means the work that the Builder is required to carry out and complete under the contract as described in Schedule 3(a). It includes variations and the provision of materials required to be supplied by the Builder .

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