Home Building Contracts Amendment Regulations 1994 (WA)

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WESTERN 1253
AUSTRALIAN

PERTH, TUESDAY, 22 MARCH 1994 No. 37 SPECIAL
PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 4.00 PM
HOME BUILDING CONTRACTS ACT 1991

HOME BUILDING CONTRACTS
AMENDMENT REGULATIONS 1994
HOME BUILDING CONTRACTS ACT 1991

HOME BUILDING CONTRACTS AMENDMENT REGULATIONS 1994
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Home Building Contracts
Amendment Regulatwns 1994.
Principal regulations
2. In these regulations the Home Building Contracts Regulatwns 1992* are referred to as the principal regulations.

[* Published in Gazette of 3 April 1993 at pp. 1465-8. For amendments to 8 February 1994 see 1992 Index to Legislation
of Western Australia, Table 4, p. 133.1
Regulation 4 inserted
3. After regulation 3 of the principal regulations the following regulation is
inserted -
66
Forms of contract prescribed

4. (1) The forms of contract referred to in this regulation are,

regulation they are to be taken to comply with all of the 15 (5) of the Act, that is when used in accor ance with this a subject to this regulation, prescribed for the pur oses of section
requirements of the Act.

The form of contract set out in Schedule 2, re ared by for contracts for a y kinds of home. budding work, but this the Housing Indust Association Limited, i s prescn kcf for use
subregulation does not affect copyright in that form of contract.
(2)

(3) The form of contract set out in Schedule 3, re ared by

the Housing Industry Association Limited, is prescri e for use % B
for contracts -

(a) for all kinds of home building work;
(b) in respect of which all licences and re uirements

referred to in section 9 (1) of the Act ave been 1 obtained or satisfied; and
(C) in which the contract price does not exceed $30 000,
but this subregulation does not affect copyright in that form of
contract.

The form of contract set out in Schedule 4, pre ared by Em loyers) Pexth, is prescribed for use for contracts for all kmds of Rome building work but this subregulation does not affect
copyright in that form of contract.

the Master Builders' Association of Western Australia ( b nion of (4)
Home Building Contracts Amendment Regulations 1994

(5) The form of contract set out in Schedule 5, pre ared by

the Master Builde~s' Association of Western Austral~a (bnion d

, Employers) Perth, is prescribed for use for contracts -

(a) where the only work to be performed under the contract -
(i) is the construction or carryjng out of

"associated work" within the meaning in
the Act; or
is home building work that is prescribed
(ii) Act; for the purposes of section 9 ( 5 ) of the

(b)

in respect of which all licences and re referred to in section 9 (l) of the Act obtained or satisfied; and
(c) in which the contract price does not exceed $15 000,
but this subregulation does not affect copyright in that form of

contract. 9,

Schedules 2,3,4 and 5 inserted
4. After Schedule 1 to the principal regulations the following Schedules are
inserted -

Home Building Contracts Amendment Regulations 1994

W SCHEDULE 2 [reg. 41
HOUSING INDUSTRY ASSOCIATION LIMITED
ACN 004 631 752

LUMP SUM BUILDING CONTRACT
it contains all of the terms, conditions and provisions of their agreement If any person is unsure as to the nature of the document or its terms, conditions or provisions then they should seek legal advice from a Solicitor before signing it.
IMPORTANT NOTICE ensure that
The Builder named in ltem 1 of the Schedule hereto ("the BuildeS) HEREBY AGREES with the Owner named in ltem 2 of the Schedule ("the Owner) as follows:
1.     AGREEMENT T O BUILD

(a)

The Builder agrees to execute and complete for the Owner the building work described in ltem 3 of the Schedule ("the Works") upon the land and existing improvements described in ltem 3 of the Schedule Cthe Site") in a proper and workmanlike manner and in accordance with this Contract and the drawings, plans and specifications (inclusive of all addenda and colour schedules) agreed between the parties and annexed hereto and for the purpose of identification signed by each of them (which said drawings plans and specifications and colour schedules are hereinafter collectively referred to as the "Construction Documents") for the price and otherwise upon the terms and conditions herein appearing.

(b)

Where the Owner requires a lending institution to provide finance for the Works, the Owner shalt use his best endeavours to obtain the finance more particularly defined in Item 4 of the Schedule. If the Owner is unable to obtain such finance within the period mentioned in ltem 4 of the Schedule, then this Contract shall, unless the parties otherwise agree, be terminated.
(C) Where a lending institution provides finance for the Works, the standard specifications (if any) as submitted to
such fending institution by the Builder prior to commencement of the Works shall form part of the Construction
Documents.
2.       NECESSARY APPROVALS

(a) Subject to Clause 2(b), this Contract is conditional upon:
(i)     a building licence under Part XV of the Local Government Act 1960 being issued in respect of the Works within FORTY FIVE (45) working days from the date of this Contract;
(ii)    the Owner and the Builder acknowledging in writing within that period that each of them accepts any condition attached to the licence;

(ii9

it becoming lawful under the Water Act (as defined in section 9(6) of the Home Building Contracts Act 1991; "the Water Act") within FORTY FIVE (45) working days from the date of this Contrad for the Works to
be commenced; and

(iv) the Owner and the Builder acknowledging in writing within that period that each d them accepts any
direction that may be given by the Water Authority under the Water Act in connection with the canying out
of the Works.

(b) A condition referred to in Clause 2(a) does not apply to this Contract:

(i) to the extent that the subject matter of the condition was completed before this Contract was entered into; or

(ii)

where the only work to be performed under this Contract is the construction or carrying out of associated work (as defined in section 3(1) of the Home Building Contracts Act 1991) or any other work prescribed for the purpose of section 9(5)(c) of that Act.

(C) The Builder shall:
(i) do all things that are reasonably necessary to be done to ensure that any condition referred to in Clause 2(a)(i) and (iii) applicable to this Contract is fulfilled; and
(ii) not unreasonably decline to accept a condition or direction referred to in Clause 2(a)(ii) or (iv) that applies to this Contract.

(d) The Owner shall:

(i)

do all such things as may be required to be done by the Owner to ensure that any condition referred to in Clause 2(a)(il and (iii) applicable to this Contrad is fulfilled; and

O i l not unreasonably decline to accept a condition or direction referred to in Clause Z(a)(ii) or [W) that applies to
this Contract.

(e) If a condition referred to in Clause 2(a)(i) and (iii) applicable to this Contrad is not fulfilled the consequences to, and the rights and remedies of, the parties are as set out in Clause 21.
3. OWNER'S WARRANTIES

(a) The Owner warrants that:

(i) He is entitled to build u p the Site

(in The Site is subject only to those encumbrances, restrictive covenants and easemnts detailed in ltem 5 of the
khedule
(iii) The Builder has access to the Site for the pucposes of this Contract.
Copyright Housing Industry Association Limited Form t6A

Home Building Contracts Amendment Regulations 1994

(iv) Pegging of the Site adequately delineates the Site boundaries.
(V) The Site will support the Works.

( b

If the physical delineation of the Site is not precise or if the Builder has any reasonable doubt as to the accuracy or true position of the boundaries of the Site and considers that i t is necessary to engage a qualified s u r w y ~ IQ survey and adequately peg or delineate the Site and the position of the Works t h e m then this shall be dealt

with in accordance with Clause l l b ) or (d) as the case may be.

(c)

The Builder may at any time prior to h commencement of the Works, by notice in writing require the Owner to satisfy the Builder that the Owner has title to the Site aWor that the Owner is able to pay the Contract Price by pduction of evidence in writing and if the Owner shall fail to do so within TEN (l 0) warking days of the receipt of such notice the Builder may terminate this Contract forthwith by notice in writing given to the Owner within a

further TEN (10) days unless such satisfadion is dependent on any of the Conditions stated in Clau* I(b) m 26.

Id)

If, at any time, the Builder using reaxmable skill and diligence becomes aware based upon reasonable grounds) that the Site will not or may not support the Works the Builder shall give immediate notice in witing thereof to the Owner in which event either party may by notice in writing terminate this Contract provided that if the Builder has wmmenced the Works then the Builder shall also be entitled to be paid a reasonable sum for all work carried out and materials purchased by him and supplied to the Site up to the date of such termination. H the Owner shall dispute the Buildefs opinion andlor the grounds thereof such dispute shall be determined in accordance with Clause 17.

(e)

Oi i ing requiring the use of pick, axe, crowbar, blasting or machinery and the removal of rocks, soil, dewatering pik and keel to sewer lines and ransequent restoration and drainage of the Site (other than that specified in the Construction Documents) or other such unforeseen requirements shall be dealt with in accordance with Clauw

l l&) or (d) as the case may be.
(fl the same are accurate, free of error and consistent in every respect and do not infringe copyright, leners patent or Unless the Builder has prepared or caused to be prepared the Construction Documents the Owner warrants that
registered design and the Owner shall indemnify the Builder against any action claim costs or expenes arising
from any breach of this warranty.

(g) (i) Where there is a difference or inconsistency between the Construction Documents and the terms of this
Contract the latter shall prevail;
(ii) Any difference or inconsistency beOHeeo scaled dimensions and figures in the Constnrction Documents shall be resolved by using and applying figures.

(h) Subject to subtlause (0 hereof and where the Construction Documents have not been prepared or caused to h prepared by the Builder, any discrepancy or error in the Construction Documents shall be dealt with in

accordance with Clause l l b ) or (d) as the case may be.
4. BUILDER'S DUTIES
In addition to the requirements of Clause 2 the Builder shall obtain any permits or licences that are required for

(a) the performance of the Works pursuant to all statutes, codes, ordinances, rules, regulations, proclamations or

orders of any officer and or body lawfully empowered to make or issue the same.

(b) The Builder shall comply with all relevant Statutes regulations and by-laws and any lawful orden or directions made thereunder which relate to the Works and shall indemnify the Owner from and against all monies payable thereunder and for monies payable for any breach thereof provided that the Builder shall not be liable to indemnify the Owner for any breach caused by third parties other than the Builder or his agents
(C) If a variation of the Construction Documents or Works is necessary to enable the Builder to comply with Clause

4(a) & (b) it shall be dealt with in accordance with Clause l l b) or (d) as the case may be.
5.      THE PRICE

(a) The price for the Works shall be the amount set out in ltem 6 of the Schedule which shall be subjjt to the

adjustments herein provided for. The price so adjusted shall hereinafter be called the 'Contract Price".
If there is a delay in the commencement of the Works beyond the period of K)RW FIVE (45) working days after the date of this Contract being a delay:
6)     that is caused solely by the failure of the Owner to comply with a condition imposed on the Owner by this

Contract, including the provisions of Clause 3 0 ; or
(ii)    that occurs without any failurn on the part of either the Owner or the Builder to comply with his or her

obligations under this Contract then the consequences to, and the rights and remedies of, the patties are as set out in Clause 21 (d) and (e).

(C) If further costs are actually imposed on or incurred by the builder as a dired w q u e n c e of a written law of the State of Western Australia or the Commonwealth of Australia or on acmunr of an inuease in any tax, duty or other charge i m p d under any such law after the date of this Contrad then the Builder shall be entitled to inaease the Contract P r b to reflect such fucther cods. The Builder shall notify the Owner of such further costs and specify to the Owner wtren such further msts are payable.
6. DEfOSCT & PROGRESS PAYMENTS

The Owner shall pay to the Builder the Contract Price in the following manner:

) Upon the signing d this Contract the Owner shall pay to the Builder the deposl set out in ltem 7 of the Schedule.

The 7he shall pay to the Builder the balance d the Contract Price by way of pmgress paymen& upon the
fobwing conditions:
(i) Whin TEN (10) wwking days of the secvice lylon the Owner of a notice by the Buif&r that any d the

Works deraibed in Column 'A' of ltem 7 of the Schedule have been completed the Owner shall pay to the

Builder that portion of the Contract Rice mentioned opposite Works in Column 'B' of Item 7+
fiil WheR finance fa the Works is being plwided by a knding institution the Owner shall pay to the Builder the Contract Price by pcogreur payments in accordance with the normal practice of or at the rate usually applied by the lending imtitutim to a d for this purpose: shall forthwith upon the ee~cution trereof authorise and d i m HlCh Lending institution to make such payments and to notify the 8uikkr d such practise andlar

rate and of the stages at which impedions shall be required by dw knding institution.

Home BuiLding Contracts Amendment Regulations 1994

Oii) Any dispute as to the value of the Work ampleted or the stare of the Warks at any particular lime shall be
determined in accordance with Clause 17.
(iv)  If for any reason any progress payment or the final payment is not made within the tiw specified the Builder shall be entitled to charge interest thereon at the percentage rate per annum set forth in Item 8 of the Schedule as and from the date upon which the payment fell due until the date upon which he payment is made and the Builder may in addition to any other remedy which he may have against the Owner suspend
the Works pending payment.
7.      SECURfN
The Owner hereby charges the land constituting the Site with the due payments to the Builder of all the monis that will andtor may become payable hereunder and irrevocably authorises and consents to the Builder lodging an

absolute caveat in respect of the Site to protect the Builder's interests herein.
8.     TIME FOR PERFORMANCE

(a)

Subject to this Contract the Builder shall commence the Works by the time specified in ltem 9 of the Schedule or as soon thereafter as may be reasonably practicable and shall proceed therewith with reasonable despatch and diligence and complete the Works within the time specified in ltem 9 of the Schedule.
PROVIDED THAT:
(i)     The Owner shall have complied with the conditions referred to in Clause 2,
(ii)      The Owner shall have complied with any notice given by the Builder pursuant to Clause 3(c) hereof,
(iii)   The Builder is satisfii that the boundaries of the Site have been adequately delineated,
(iv)    Provision has been made for adequate water supply to the Site, and
(V)    The Builder has received approval to the Construction Documents from all relevant authorities.

(b) Notwithstanding provisions to the contrary contained in this Contract the Builder shall not be responsible for any delays caused by any matter or thing over which the Builder shall have no control including (wilhout limiting the geneiality there&-

(i) any of the following events which affect directly or indirectly access to or the condition of the Site or the Works or any person engaged on or material employed in or to be employed in or in relation to the WO&, namely: acts of Cod, fire, explosion, earthquake, civil commotion, theft or acts of vandalism, flooding, inclement weather, strikes, industrial action, lockouts or holidays granted in accordance with industrial awards, fires, vehicle accidents, unavailability of labour, vehicles or equipment or pennits required.
(ii) any alterations to the Construction Documents resulting in alterations to the Works.
fiii) any instruction or delay of instruction by or any omission of the Owner.
(iv) any deliberate and substantial prevention of or interference with the Works or the progress thereof caused by the Owner.
(v) any delay in the supply of materials or transport.
(vi) any proceedings being taken or threatened by any disputes with adjoining or neighbouring owners concerning the antinuation or variation of delivery to or completion of the Works upon the Site.
(vii) any cessation of work pursuant to Clause 14.

(viii) any delay in the commencement of or continuance with the Works, caused by or resulting from an order or
directive of a relevant authority or pmceedings before the Builders' Registration Board or Buikling Disputes
Committee.
(ix) any delay caused by pmper investigation of any of the above by the Builder or the Owner.

(C) Upon the happening of any of the events aforesaid the Builder shall be entitled to seek or make a variation by way of extension of the time for completion of the Works in accordance with the provisions of Clause 11Ibl or (cD
as the case may be.
9. POSSESSION OF THE SITE
Forthwith upon the execution hereof and until practical completion the Builder shall be entitkd to exclusive possession of the Site for the purpose of performance of the Works and the Owner shall do all that is necessary to confer the same upon the Builder PROVIDED THAT the Owner or his duly appointed representative approved by the Builder in writing and any p e m appointed by the Owner's lending institution for the purpose of supervision of the Works shall have

Work but only during the Builder's normal working hours and in such manner as shall not unreasonably impede or aces to the Site and to the Works or any part thereof for the putpose of inspection and viewing the progress of the
interfere with or prevent the Builder fmm carrying out the Works. After practical completion the Builder shall be
entitled to reasonable access to the Site for the purpose of completing his obligations under Clause 13.
10. PROVISIONAL SUMS AND PRIME COST ITEMS

(a)

The Contract Price includes such estimates of Provisional Sums as set forth in ltem Wa) of the Schedule or detailed in the Construction Documents. The final cost is cakulated as the nett costs to the Builder for materials, subcontractor charges, delivery to the site and installation plus an additional amount as a percentage as set out in

Item 11 of the Schedule of such nett costs to cover the Builder's overhead and supervision.
Any variation between the Final cost and Provisional Sum estimate will be chaSged or aedited as approptiate pursuant to Clause 10k).

(b) The Contract Price includes those Prime Cost items as are set forth in ltem IO(b) of the Schedule or detailed in the Construction Documents. The sums set out exclude the costs of delively to the Site, the cost of instalfation, fixing, supervision, overhead and p f i t which are included in the greed Price.

In the event that the actual price of the Prime Cost item u, ~peciiii varies to that s p e c l i such difference in
price shall be charged or cdi ted as ippmpriate pursuant to Clause 10tc).

(C)

Upon completion of the Work, the subject of a Pmvis'mal Sum or on installation d an item beiq a Prime Cost item or at the next pmgres payment notice the Builder shall prwide h e Owner with an itemised statement *Ring focth the final costs for the work or the items, cakukbed in accordance with Ihe ptuvisims d Clbuser

10(a) and (b) h f and the Contract Price shall be amended acmrdingly.
(d) The Owner hall, within FIVE (S) working days of receiving a request from the Builder in h i s regard, f u m i l to

Home Building Contracts Amendment Regulations 1994

the Builder in writing, all necessary dimions regarding the supply of the works andfor goods comprised in any
such items and sums*
11. VARIATIONS
If the Owner wishes to make any variation to the Works or the Construction Documents-or the terms and

(a) mnditions of this Contract he or his agent shall give the Builder a wrinen request for such variation. The Builder

may decline to agree to the variation requested but in the event that the Builder i s prepared to agree to the
variation:

(i) the Builder shall prepare and give to the Owner or his agent a variation document setting out the terms of,

and the cost to be incurred on account of, the variation;
(ii)    the Owner or his agent shall sign and return the variation document to the Builder;
(iii)    the Builder or his agent shall sign and inseit in the variation document the date that he signs it and forward a signed copy to the Owner' or his agent as soon as i s reasonably practicable thereafter and before the work to which the variation relates is commenced; and
(iv)     the variation shall be carried out as if it were part of the Works under the Contract.

(b)

The Builder shall be entitled to vary all or any of the Works, the Construction Documents and the terms and mnditions of this Contraa made necessary by:

(i) any written direction lawfully given by a building surveyor or other person acting under a written law; or

(ii)

circumstances that could not reasonably have been foreseen by the Builder at the time when this Contract was entered into if the Builder gives to the Owner, within the time specified in Clause 11 (c), a statement setting out the reason for, and the cost to be incurred on account of, the variation and a copy of any

direction referred to in Clause l l (b)(i).
PROVIDED THAT Clause l l (b)(ii) shall not enable the Builder to make any variation by reason only of an increase in the costs of labour (including related overhad expenses) or materiats or both, to be i n c u d by the Builder.
PROVIDED ALSO THAT where an Owner is given a statement by the Builder for the purposes of Clause
1 l (b)(ii) and the Owner considers that the variation is not one to which Clause l l (b){ii) applies then the

Owner may make an application to the Disputes Committee for relief under Section 17 of the Home
Building Contracts Act 1991 within FOURTEEN 64) days of being given the statement.

(C) The Builder shall give the statement referred to in Clause 1103) to the Owner within FOURTEEN (14) days after
the Builder:

(i) received notice of the direction under Clause 1 1 (b)(i); or

(ii) became aware or should reasonably have become aware, of the circumstances referred to in Clause I l(b)(ii)
as the case may be.

(d)

If any variation to the Works or the Construction Documents or the terms and conditions of this Contract i s required pursuant to Clause 3(b), 3(e), 3(h), 4k) or 20 but not as a result of a direction under Clause 1 l(b)(i) or

the circumstances referred to in Clause 1 l (Mii) then:

(i) the Builder shall prepare and give to the Owner a variation document setting out the terms of and the cost to

be incurred on account of the variation so required.
(ii) and (iv) shall also apply to the variation. if the Owner signs and returns the variation document to the Builder then the provisions of Clause 11 (a)(iii)
(iii) i f the Owner does not sign and return the variation document to the Builder within FIVE (S) working days of being given the variation document then the Builder shall be entitled to either carry out the work required

but without any adjustment to the Contract Price or to tenninate this Contract pursuant to Clause I S(&.

(e) The price of a 'variation" shall unless previously agreed in writing be calculated as follows:
(i) supplied together with other costs prcperly incurred as a consequence thereof plus that percentage of such If the amount is additional to the Contract Price i t shall be equal to the cost of the labour and materials additional costs as set forth in Item 11 of the Schedule and shall be added to the Contraa Price, and unless

previously paid, shall be added to the next progress payment due after the execution of such work.
(ii) If it shall result in a decrease in cost the amount of such deaease shall be deducted from the Contract Price and shall be equal to the costs of labour and materials and other costs properly saved, and any such

decrease shall be deducted from the final payment hereunder.

fl The Owner shall obtain the consent of his lending institution (if any) prior to questing or authorising the Builder
to carry out extra work or to vary the Works in any way.

(g) The Builder may, at any time prior to the commencement of any building work that is to be performed by way of
a variation pursuant to the provisions of this Contract, by notice in writing require the Owner to satisfy the
Builder that the Owner is able to pay the cost to be incurred on account of the variation by production of evidence in writing and if the Owner shall fail to do so within TEN (10) working days of the receipt of such notice the Builder may terminate this Contract forthwith by notice in writing given to the Owner within a further lEN

(1 0) days-

12. INSURANCE

(a)

The Builder shall in the joint names of himself and the Owner and the Owner's lending institution (if any) insure against loss and damage to the full valw under this Contract @lus the rquisite amount 10 cover architects, engineers, quantity suNeyon and consultanfs fees) all wok emuted and materials and goods lpon the Site whether fixed or unfixed except for goods belonging to the Owner W a third party and shall keep such wbk materials and pods insuted until he W& are delivered up to the Owner upon Practical Completion and upon request deliver to the Owner evidence of such insurance and such insurance shall tre against all liabitity, loss, action, claim or proceedings in respect of fire, explosion, earthquake, flood, lightning storm and tempest, rioting, civil commotion and the negligent or wilful act of any third party. Should the Builder fail to t a b out such insurance the Owner may insure the W& as aforesaid and the premiums paid by the Owner in relation thereto h a l l be deducted fmm the Contract Price. Upon settlement of any claim under a policy as aforesaid the Builder shall rebuild or repair the Works and replace or repair the materials or goods destroyed within a reasonable time of such &thment.
Home Building Contracts Amendment Regulations 1994

(b)

The Builder shall insure against any liability loss or damage claim demand and proceedings w h a m r arising out of connected with or in any way due to the following namely.-

(i)

any personal injury to or death of any person arising out of or in connection with or in the course of the Works, other than due to the negligent act or amission by the Owner or any penon for whom the Owner may be responsible.

(ii)

any injury or damage whatsoever to any property real or personal which may be occasidned by or arise out of the performance of the Works and which is due to any negligence of the Builder, his empbyes, agents or subcontractors.

(c)

The Builder shall insure against any liability, loss or damage claim or proceedings whatsoever to or by any person employed by him or his subcontractors in or about the Works arising at common law or by virtue of any statute relating to workers compensation or employers liability except where such liability, loss or damage claim or proceeding is caused by the negligence or other fault of the Owner or its agents.
13. DEFECTS LIABILITY PERIOD

(a) Subject to Clause 13(c) and (d) the Builder shall make good at the cost of the Builder defects in the Works notified in writing to the Builder within the period specified in ltem 12 of the Schedule of Particulars commencing on the day of practical completion.
(b) In Clause 13(a):"defectn means a failure-

(i) to perform the Works in a proper and workmanlike manner and in accordance with this ContracC or
(ii) required the Works to be performed, not being a failure for which the Buikkr is specifically declared by this
to supply materials that are of merchantable quality and reasonably fit for the purpose for which the Owner
Contract to be not liable; "practical completion" has the same meaning as in C l a w 1 Ha).

(C) The Buildefs liability under Clause 13(a) shall be reduced to the extent of any exemptions made from time to
time for the purpose of section 11 (3) of the Home Building Contracts Act 1991.
(d) The Builder shall not be liable to remedy any damage or rectify any defects to the Works arising from any work carried out on the Site by the Owner or the Ownefs servants and agents at any time.
14. EARLY TERMINATION OF CONTRACT

(a) In addition to their respective rights and remedies hereinbefore contained or in equity the Builder may terminate this Contract in any of the events mentioned in Clause 15 hereof and the Owner may terminate this Contract in any of the events mentioned in Clause 16 hereof.
(b) E x q t as provided herein neither party shall be at liberty to terminate this Contract or exercise or enforce any other right or remedy in relation hereto whether pursuant to this Contract or at law or in equity without fist giving to the other party a notice in writing specifying the matter complained of and reqwsting that other party to remedy it within TEN (10) working days of the service of such notice. If such notice is given and the other party fails within such period to remedy the matter complained of then the party giving such notice may terminate this Contract forthwith.
(C) On such termination, subject to any agreement to the contrary or to any determination made pursuant to Clause 17, if the Builder has commenced the Works then the Builder shall be entitled to be paid for all work done and materials used or procured by him and properly chargeable to that date. The amount to be paid shall be the cost of the labour for all work done and materials used and procured as aforesaid and all costs incurred by the Builder plus that percentage of all such costs as set forth in ltem 11 of the Schedule but proper allowances shall be made for all payments on account of the Contract Price already made by the Owner to the Builder. The Builder may claim interest at the rate specified in ltem 8 of the Schedule hereto on the outstanding balance of monies found to be due and payable from and after the expiration of FIVE (5) working days from the date of such termination of contract until payment of balance of monies is received by the Builder.

(d) The provisions of Clauses 14b) and (d do not apply to a termination of this Contract pursuant to Clauses 15h)
and 16(d) or pursuant to the provisions of Sections 4(5),1 O(4) or 14(3) of the Home Building Contrads Act 1991. In such cases this Contract may be terminated in accordance with the provisions of Section 19 of that Act and the Owner or the Builder may apply to the Disputes Committee pursuant to the provisions of Section 20 of that A d for repayment of any consideration given by the Owner under this Contract or for payment to the 8uilder in respect of any materials supplied or any home building work or other services performed by the Buikler under or

in relation to this Contract.

1 S. EMNTS ALLOWING BUILDER TO TERMINATE The Builder may, in addition to any other rights under this Contract, terminate this Contract in any one of the
following events:-

(a) Substantial damage to or interference with the Works or delays to the works or access thereto by any cause beyond the control of the Builder including (but without limiting in any way the generality there00 water, flaod, fire, storm, tempest, rioting, earthquake, civil commotion or industrial action.

(b) Any substantial breach of the Contract by the h r .

(c) If the Owner shall make any assignment for the benefit of or enter into any arrangement or composition with his creditors or go into liquidation ( h t h e r voluntary or compulsory except for the purposeM reconstruction or amalgamation) or have a Reoeiver appointed or commit an act of bankruptcy or if a sequestration order is made against his estate.
(d) Any deliberate and substantial prevention of or interference with the Works or progress thereof caused by the Owner.
e Any failure by the Owner for TEN (10) working days afrer the due date thereof to pay any pan of the Contrad
Price subject to Clause 17 of this Contract.
(fj The entry into possession of the Works by the Owner prior to practical completion or without the Buildefs
consent.
(g) Clause l l(d) within the period referred to in Clause 1 l(d).
If the Owner fails to sign and return a variation document to the Builder given to him by the Builder pursuant to

(h) If the circumstances specified in Clause 21 (b) or (c) occur.
Home Building Contracts Amendment Regulations 2994

16.
EVENTS ALLOWING OWNER TO TERMINATE events:-

(a) Any substantial breach of this Contract by the Builder.

$1

If the Builder shall make an assignment for the benefit into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or of or enter into any composition with h i s creditors or go commit an act of Bankruptcy or have a Receiver appointed or if a sequestration order is made against the

Buiklef s estate.

(C) If the Builder shall without reasonable cause wholly suspend the Works before practical completion.
(d)

If the circumstances specified in Clause 21 (b), (c) or (d)(ii) occur.
17.   DISPUTES

(a) matter or thing arising hereunder or in any way concerned or connected herewith or relating to the construction In the event of any dispute or difference between the Owner and the Builder at any time whatsower as to any
of this Contract then subject to the rights of either party to apply to the Registrar or the Disputes Committee or any other relevant Statutory Authority, either party may give to the other notice of such dispute, disagreement m difference and at expiration of FlVE (9 working days thereafter and in the absence of any settlement the same be referred to arbitration either by:-
(i)     a single arbitrator appointed by mutual consent or
(ii)    in the event that agreement of the appointee i s not reached within FlVE (5) working days a single arbitrator shall be appointed by the President or his nominee of the Housing lndustry Association Western Australian Division provided that such appointee shall be an Arbitrator approved by the Instituteof Arbitrators Western Australian Chapter.
At the time of application for such appointee the party applying shatl deposit with the Housing Industry Association such sum as may then be required by way of security for costs of the arbitration proceedings and further sums so contributed whether by direction of the arbitrator or otherwise (but always in equal shares) shall be applied in accordance with the directions of arbitrator.

(b) The conduct of the Arbitrator shall be in accordance with and subject to the provisions of the Commercial Arbitration Act 1985 and the decision of the single arbitrator appointed shall be final. The rights and obligations of the parties under this Contract shall be modified only to the extent made necessary by such arbitration.
18. PRACTICAL COMPLETION

(a) Practical completion of the Works means brought to the stage where the Works are completed except for any omissions or defects which do not prevent the Works from being reasonably capable of k i n g used for its intended purpose.
(b) The Builder shall notify the Owner when the Builder considers that practical completion hasoccuned and within
FlVE (S) working days the Owner and the Builder or his representative shall meet at the Works to carry out a pre- handover inspection. If said meeting does not occur the Contract shall be dealt with pursuant to Clause 17 hereof.

(C) During the pre-handover inspection the parties shall agree to a l is t of items which require completion or
rectification or give notice to the other party within FlVE (5) working days under Clause 17 hereof-
(d) thereof the Builder shall hand the keys of the Works to the Owner or to such persons as the Owner may direct The final payment shall be due within TEN (10) working days after practical completion and upon payment

and on acceptance of the keys the Owner shall be deemed to have entered into possession of the Works and to have acknowledged that they have been completed by the Builder in accordance with this Contract and the Builder shall thereupon be relieved and discharged from all responsibilities under this Contract other than his obligations pursuant to Clause 13 and 18k).
(e) site without prior written consent of the Builder, before practical completion or before paying all monies due and If the Owner shall take possession of the Site permit work outside this Contract or deliver goods or chattels to the

payable hereunder (whichever is the earlier), such action shall constitute a waiver release to the Builder and discharge absolutely on the part of the Owner of any and every claim which the Owner had or might otherwise have had against the Builder hereunder and the Builder shall thereupon be discharged, released and relieved absolutely from all his obligations and responsibilities under this Contract (other than his obligations pursuant to

Clause 13) and all monies due and payable under this Contract shall immediately become due and payable

together with interest thereon at the rate qxcified in Item 8 of the Schedule calculated from the date of taking
such action.
(0 The Works shall be at the risk of the Owner from the date the Owner takes or is entitled to take possession.

19.
NOTICES and sewed personally upon him or forwarded to him by prepaid letter addressed to such party at his address given herein or such other address as may be notified in writing by such party to the other. Any notice so posted shall be deemed to have been sewed unless contrary i s shown at the time when by the ordinary coucse of post the notice would be delivered.

20.
SUPPLY OF MATERIALS forthwith upon request from the Builder specify the use of alternative available materials or insist on the original materials provided they are available within TEN (10) working days of being required on site by the Builder. The specification of any alternative materials and any delay in obtaining the same shall be dealt with in accordance with

Clause l l (b) or (d) as the case may be.
21. CONSEQUENCES QF NON-FULFILMENT OF CONDITIONS

(a)

If an condition wt out in Clause 2(a) is not fulfilled solely because the Builder has failed to comply with the Buideh obligations under Oause Xc), this Contract is not affected but nrnains in force on the same terms a d anditions except as otherwise agreed between the parties.

Home Building Contracts Amendment Regulations 1994

(b) If any condition set out in Clause 2(a) is not fulfilled solely because the Owner has failed to comply with the Owner's obligations under Clause 2(d) this Contract remains in force on the same terms and conditions until the parties agree otherwise or either patty terminates this Cantract in accordance with CIause 15 or 16 as the

may be, but subject to the provisions of Clause 21 (d.
(C) Owner nor the Builder has, failed to comply with their respective obligations under ClauG 2(c) and (d), this
If any mndition set out in Clause 2(a) is not fulfilled and both the Owner and the Builder have, m neither the
Contract remains in force on the same terms and conditions until the parties agree otherwise or either party terminates the contract in accordance with Clause 15 or 16 as the case may be, but s u b j to the provisions of

Clause 21 (d).
(d) Where Clause 21 (b) or (c) or Clause S(b) applies-

(i) the Builder may by notice in writing to the Owner-

(A) increase the Contrad Price by an amount set out in the notice; and

(B)

specify when any increased amount is payable, which must be either- (1) not later than TEN (10) working days after the notice is given; or

(2) at the time of the next progress payment;

if the amount of an increase exceeds FIVE (3% of the Contract Price, the Owner may terminate th is Contract
(ii) in accordance with Clause 16 within TEN (10) working days after receipt of notice under paragraph (i) of
this sub-clause; and
(iii) if the Owner so terminates this Contract, the Owner is liable to compensate the Builder for the reasonable costs incurred by the Builder up to the date of termination

(e) (i) unjustified the Owner may apply to the Disputes Committee, within TEN do) working days after receipt of a notice under that Clause, for a review of that amount.
If the Owner considers that the amount of a price increase notified under Clause 21(d)(i) is excessive or

(ii)

On a review under this subclause the Builder is required to show that the price has been increased to reflect actual increases in costs between the date of this Contract and the date of the notice under Clause 21 (d)(i);

(iii)

On a review under this sub-clause the Disputes Committee may confirm, vary or disallow the amount of the price increase, and this Contract shall have effect in accordance with the Disputes Committee's decision.
22. ASSIGNMENT
Each of the parties to the Contract hereby specifically agrees that he shall not assign his interest in this Contrad

(a) without the prior written consent of the other.

(b) The Builder may at his option sub-contract the whole or any portion of the Works but any such subzontracting
shall not relieve the Builder from any of his responsibilities or obligations as set forth herein.

23. SEVERABILITY

(a) If in consequence of an item in the Schedule not being completed any clause contained herein is held by a Court to be uncertain and thus void, that clause shall be deemed to have been severed from this Contract and shall not vitiate the Contract.
(b) To the extent that any one or more of the provisions contained in this Contract is prohibited by or is void pursuant to any applicable law, that provision or each of them shall to that extent be ineffective without invalidating or modifying the remaining provisions of this Contract which shall continue in full force and effect as if each provision so prohibited had not been included in this Contract as from its commencement.
24.    EXTENT OF BUILDERS LlABlLrrY

(a)
Notwithstanding anything herein contained to the contrary the Builder shall not be liable to the Owner in Price.

(b) In any event the Builder shall not be liable to the Owner in any way whatsoever for any claim or proceedings in respect of injury or damage to such of the Owner's fittings finishes fixtures or any other item matter or thing which the builder does not supply as part of the Construction Documents.
25.   INTERPRETATION
In this Contract words importing the singular shall include the plural and vice versa and words importing the
masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall
include corporate bodies. A reference to *Owner or "Builder" includes their and each of their respective heirs, successors and assigns. Working daysa means Monday to Friday but excluding any day that is a public holiday in the area of the Site or throughout the State of Western Australia. "Registrar" means the registrar appointed under the Builders' Registration Act 1939. 'Disputes Committee" means the Building Disputes Committee established by section

26 of the Builders' Registration Act 1939. Headings in this Contrad are deemed not to be part hereof and are not to

be used in the interpretation or construction hereof. A reference to statutes or regulations indudes any statutory E-
enactment or modification thereof from time to time in force.
26.    EFFHTT OF MECUTION AND AUTHORITY TO SIGN AS AGENT

Where this contract andlor any variation document relating to any of its terms, conditions and provisions or to any of

the works to be peforrned pursuant to the contract is signed by a party named in ltem 2 of the Schedule of Particulars

both in his own right and also as agent acting for and on behalf of any other party named in ltem 2 of the Scheduled Particulars then the party so signing hereby warrants that he is expressly authorised by the other party to & u, and that
the other party on whose behalf he has signed as agent will be bound by their agents signatute.
27.    SPECIAL CONDITIONS .................................................................................................................................................

Item No. Details

10. (a) Provisional Sums Items (Clause 10) -refer 10 Addenda for delails

Address ..................................................................................................................... ...........................................................................................................................................

Builders Registration No ............................................................................................ ......**....................I...... .......................................................................................................

2 Owner ................................................. Owner ..................................... (b) Prime Cost Items (Clause 10) - refer to Addenda for delails

Address ............................................... Address .................................................... ...........................................................................................................................................
...........................................................................................................................................

3 Works (clause 1 (a)) ................................................................................................... 11. Additional percentage allowed (Clause 10, t 1) ................. +... ......................................... %

Site: Postal Address ..................................................................................................
12. Period of Defects Liability (Clause 13) (not less than 120 days) ......................................

Title Particulars: Portion of .....................................................................................

Localion ............................................... and being Lot ............................................. 13. Receipt of Notice for Home Owner.

on PIantDiagrarn ................................. and being the whole of the land comprised in I/We hereby acknowledge receipt of the Notice for the Home Owner referred to in kc l io r

Certificate of Title Volume .............................................. Folio ............................. 4 ( 2 ) of the Home Building Contracts Act 1991 on the ........................................................

day of ............................................................................................................... 19 .............

4 Amount of finance required (Ctause 1 (b)l S ............................................................. m to signing the Home Building Contract.

Pericd for approval ...................... days Lender .........................................................

Signed by the Owner ........................................................................................................

5 Encumbrances on the Site (Clause 3 (a)(ii)) .................................................................

Signed by the Owner ..........................................................................................................

...................................................................................................................................
14. Signing of Contract.

6. Contract Price (Cfause 5 ) S ..........................................................................................

This contract is dated the ................................. day of ..................................... 19 .............

7. Deposit (not to exceed 6.5% of Conlract Price) Clause6 (a)) S ................................... Signed by the owner ...........................................................................................................

Progress Payrnenls as follows (Clause 6 (b)): 'A' 'B' Witness .............................................................................................................................

Signed by the owner ...........................................................................................................

Witness ..............................................................................................................................
Signed for and on behalf of the builder ..............................................................................
Witness ...............................................................................................................................

15. Receipt of contract documents.
!/We acknowledge receipt of a copy of the Home Building Contract, Drawings, Plans and

Total S

Specifications referred to in Clause 1 (a) of the contract on the ..........................................

8. Interest on late payment (Clause 6 (bl(ivl1 ...................................... .......................... YS day of ............................................................................................................... 19 .............

g.., Time to commence works (Clause 8) . ing r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . days Signed by the owner ...........................................................................................................

Time to complete works (Clause 8) .....................................................working days Signd by the owner ...........................................................................................................

Home Building Contracts Amendment Regulations 1994

SCHEDULE 3 [reg. 41

HOUSING INDUSTRY ASSOCIATION LIMITED

ACN 004 631 752

LUMP SUM BUILDING CONTRACT

FOR MINOR WORKS

To be used for contracls -
(a) For all kinds of home building work:

(b) in respea of which all licences and requirements referred to in Senion 9(t) of the A d haw been obtained or satisfied;

(cl in whch the contrxt price dws not exceed $30,000.

IMPORTANT NOTICE contains all of the terms, conditions and provisions of their agreement. If any persan is unsure as to the nature of the document or its I m s , conditions or provisions then they should seek legal advice from a Solicitor before signing it.
The Contractor named in the Schedule hereto ( the Contractof) HEREBY AGREES with the Owner named in the Schedule (?he
Ownef as follows:
in accordance with this contract, and all drawings, specifications, addenda and colour schedules ('the Construction Documents") as agreed between the parties and for the purpose of identification signed by each of them, and all lawful directives and a ~ m v a l s of relevant Statutory Authorities for the price and otherwise upon the terms and conditions herein appearing.
AGREEMENT TO BUILD upon the land and existing improvements described in the Schedule (?he Site") in a proper and workmanlike manner and
THE OWNER WARRANTIES of the Works by any relevant Statutory Authority have been obtained pursuant to all statutes, codes, ordinances, NI-, regulations, proclamations or orders of any officer and or body lawfully empowered to make or issue the same and the Owner agr- to provide a copy of all permits and I i ~ n c e s relevant to the Works to the Contractor prior to commencement of the Works.
THE PRICE

The Price for the Works shall be the amount set out in the Schedule which shall be subject to the adjustments herein provided

for. The price so adjusted shall hereinafter be called the 'Contract Price".
DEPOSIT & PROGRESS PAYMENTS

(a)

The Owner shall pay to the Contractor the Deposit as indicated in the schedule upon signing this Contrad and the balanceof the Contract Price as detailed in the Schedule at the stages set out in the Schedule.

(b)

If for any reason any progress payment or the final payment is not made within SEVEN (71 days of being payable the Contractor shall be entitled to charge interest themn at the percentage rate per annum forth in the Schedule as and from the date upon which the payment fell due until the date upon which the payment is made and the Contractor may in addition to any other remedy which he may have against the Owner suspend the Works pending payment.
SECURITY

(a) The Owner charges the Site in favour of the Contractor to the value of any unpaid amounts due under this contract and
irrewcably authorises and consents to the Contractor lodging an absolute caveat in respect of the Conrrador's interest
herein.
(b) Xtle in any goods delivered to the Site under the Contractors obligations pursuanr to this contract shall not pass to the
Owner until the progress payment which incorporates such goods in the stage of completion referred to in the Schedule
has been paid by the Owner. Upon receipt of such payment by the Contractor, title in such goods shall be deemed to

have transferred to the Owner.
(c) Notwithstanding provisions to the contrary where the progress payment under the Schedule calls (or a payment prior to the delivery to the Site of materials in a prefabricated form, receipt of such payment by the Contrador constitutes a transfer of title to the Owner for such materials and the Contractor shall ensure that such are clearly identifiable.
TIME FOR PERFORMANCE

(a)

The Contractor shall commence the Works by the time specified in the Schedule or as won thereafter as may be reamably practicable and shall pmeed thewi th with reasonable d isp~ch and diligence and w m p h e the Work within the time specified in the Schedule.

(b)

Notwithstanding provisions contained in this Contract the Contractor shall not be responsible for any delays in the Works -used by any matter or thing over which the Contractor shall have no control. The Contractor shatl be entitled to an extension of the time for unnpletion in accnrdance with Clause 9(b).
ACCESS TO W E SITE
Forthwith upon the excmtion hereof and until complffion the Contraaor shall be entitled to reasonable access to the Site for

the purpose of perfomnce of the W& and all obligations imposed by the terms of this antract.
PROVISIONAL SUMS AND PRIME COST ITEMS

(a)

The Contrad Prim indudes estimates of cost by way of Provisional Sums as set forth in the Schedule These costs are calculated as the net costs to the Contractor for materials, subcontractor charges, &l 'kry to the site and installation @us an additional percentage amount as set cut in the Schedule of such net oasts to cover the Contractor's overhead and urpervision.
Copyright Housing Industry Association Limited Form 22A

Home Building Contracts Amendment Regulations 1994

(b) The Contract Price includes allowances by way of Prime Costs as are set brth in the khdule. These costs exdude the
msts of &l imy to the Site, the cmt of installation, fixing, superviGon, werhead and p f n .

(c) In the event that the actual price of the Provisional Sum or Prime Cost item varies to that set out in the Schedule such difference in prim shall be charged or credited as appropriate at the nea Progres Payment due after the relevant work has k m oompleted.
9.      VARIATIONS

(a) If the Owner wishes to make any variation to the Works or the Const~dion Documents or the terms and conditions of
this Contract, then;
(i)      the Owner or his agent shall giw the Contractor a requert for such variation,
(ii)     the Contractor may dedine to agree to the variation requested but in the event that the Contractor is prepared to agree to the variation,

(iiil the Contractor shall prepare and give to the Owner or his agent a Variation Doarment setting out the terns of,
and the cost to be incurred on acmunt of the variation,

(iv)

once the Variation document has been signed by the owner or the ownefs agent and the wntractor and dated (the date of the Variation document being the date on which the last signatory signed the doarment) the variation shall be carried out as if it were part of the work, under the contract and the express conditions of all of the comtrudion documents are deemed to be varied acmrdingly, and
(V) the Contractor shall give a copy of the Variation Document signed by the Contractor to the Owner or their agent
as swn as reasonably practical and before the work to which the variation relates has commenced.

(b) The Contractor shall be entitled to a variation in resped to time to complete and cost for circumstances that could rot
reasonably have been foreseen by the Contractor at the time when this Contrad was entered into or additional work
ordered by any written diredion lawfully given by a building surveyoror other person acting under a written taw.

(i)

The Contractor shall provide a statement setting out the reasons for and the cost to be incurred on account of the variation and a copy of any such diredion to the Owner or their agent within FOURTEEN (14) days of the Contractor bemming aware or reasonably should have become aware of such circumstances or receiving such written direction.

(ii)

The Contractor shall not be able to make any variation for an increase in the costs of labour (including dated ovehead expenses) or materials or both, to be i n c u d by the Contractor in performing the Work, as detailed in

the original Const~dion Documents.
(iii) Where the Owner has been given a statement under this Clause and does not consider that the variation is one to which Clause 9(b) applies, the Owner can apply for did to the Building Disputes Committee in accordance with =ion 17 of the Home Building Contracts Act 1991 within FOURTEEN (1 4) dap after the statement was given to
the Owner.

(d If further costs are actually imposed on or incurred by the Contractor as a dired consequence of a written law of the State of Western Australia or the Commonwealth of Australia or on account d an increase in any tax, duly or other charge imposed under any such law after the date of this tontract then the Contractor shall be entitled to increase the
price to r d e d such further cods. The Contractor shall notify the Owner of such costs and specify to the Owner when
such costs are payable.
10. INSURANCE AND RISK

(a) The Works and materials d e l i d to the Site under this contract shall be at the risk of the Owner at all times except as
provided for hereunder or detaild as a special condition to this contract.

(b) The Contractor shall insure against any liability loss or damage claim demand and proceedings whatsoever arising out
d or conneded with or in any way due to the following-

(i)

any personal injury to or death of any person arising out of or in connection with w in the course of the Works, other than due to the negligent act or omission by the Owner or any person for whom the Owner may be mspnsible.

(ii)

any injury or damage whatsoever to any property real or personal which may be occasioned by or arise out of the performance of the Works and which is due to any negligence of the Contractor, his employees, agents or sub- contractors.

(iii)

any liability, loss or danage daim or proceedings whatsoever to or by any person employd by him or his sub- contractors in or about the Works arising at common law or by virtue of any statute relating to workers compensation or employers liability e x q t where such liability, loss or damage daim or proceeding is caused by the negligence or other fault of the Owner or its agents.

11. Off ECK UABlLllY PERIOD

Q lhe Contractor is liable to make good at the cost of the Contractor defects in the Works where the Contractor has
failed;

(i) to perfonn the Works in a proper and workmanlike manner and in accordance with this Contrad, or

(ii)

to supply materials of a merchantable quality and msonably fit for the purpose for which the Owner required the Works to be pedormed.
(b) The Contractor is to be notified of such defeds by the Owner within a period of ONE HUNDRED AND TWENN (120)

days cMnmencing f m the date of Practical Completion as Mined hereunder.
c The Contractor shall not be liable to remedy any damage or redify any defects to the Works arising Irom any w x k

canied out on the Site by ttie Owner or the Owner's m n t s and agents at any time.

1 2 R W N S FOR EARLY TERMINATION

(a) The Cm~traum may terminate this Contrad in accordance with Clause 13 in any one of the lollowing events:-

ti) Substantial damage to or intetference with the Work or access thereto or delays in consl~aion

by any cause

beyond the contml of the Cantrador or non payment of the progress payments as they become due or any

d n t i a l breach d the Contract by the Owner.
(ii) If the Oww shall make any assignment Cbr the benelit of or enter into a y a r r a n g m or mmpasition with his d i o r s or p into liquidation (whether voluntary or mpulsary except for the pufpose o l reconstruction or amalgamation) or have a Receiver appointed or canmit an ad of bankruptcy or if a sequenration order i s made against his estate

(b) The Owner may tminate this Contract in acmtdanm with Uaus 13 in any of the following events:-

(i) Any substantial breach of this Contract by the CantraUor.
Home Building Contracts Amendment Regulations 1994

(iil I f the Contractor shall make an assignment for the benefit of or enter into any composition with his aeditors or go into liquidation (whether mluntary or mmpulsory exaept for the purpose of reconstrudion or amalgamation) or commit an a d of Bankruptcy or have a Receiver appointed or if a sequestration order is made against the

Contractof S estate.
(iii) If the Contractor shall without reasonable cause whdly suspend the Works before completion.
13.     EARLY TERMINATION OF CONTRACT

{a)

Except as provided in Clause 13(c) neither party shall be at liberty to terminate this Contract or exercise or enforce any other right or remedy in relation hereto whether pursuant to this Contraa or at law or in equity without first giving to the other party a not ie in writing specifying the matter Complained of and requeting that other paKy to remedy it within WURTEEN (14) day of the s e ~ c e of swh notice. If such notice is given and the other party fails within Such prid to remedy the maner complained of then the party giving such notice may terminate this Contract forthwith.

(b)

On such termination, subject to any agrewrmnt to the contrary or to any determination made pursuant to Clause 14, if the Contractor has commenced the Works then the Contractor shall be entitled to be paid for all work done and materials used or procured by him and properly chargeable to that date plus that peroentage of all such costs as set forth in the Schedule but proper allowances shall be made for all payments on account of the Contract Price already made by the Owner to the Contractor. The Contractor may claim interest at the rate specified in the Schedule on the outstanding balance of monies found to be due and payable from and afier the exp~ration of S M N (7) days from the date of such termination of contrad until payment of the balance of monies i s received by the Contrador.

(cl

The provisions of Clauses 13(a) and (b) do not apply to termination of this Contract pursuant to the provisions of Sedions *S), lO(3) or 14(3) of the Home Building Contracts Act 1991. In such cases this Contraci may be terminated in accordance with the provisions of Section 19 of that Act and the Owner or the Contrador may apply to the Building Disputes Committee for repayment of any consideration given by the Owner or for payment to the Contrador in resped
d monies due under this contract
14. DISPUTES
In the event of any dispute between the Owner and the Contractor at any time whatsever as to any matter or thing arising hereunder or in any way connected herewith or relating to the interpretation of the contract then, subjed to the rights of either party to apply for relief and orders to the Registrar of the Builders Registration Board or the Building Disputes Committee or any other relevant Statutory Authority, either party may give to the other nolice of such dispute and at expiration of SNEN (7) days thereafter and in the absence of any smlement the same be rekrred to arbitration either by-
(i)      a single arbitrator appointed by mutual consent; or
(ii)     a single arbitrator appointed by the President or his nominee of the Housing Industry Assxiation Limited Western Australian Division provided that such appointee shall be an Arbitrator approved by the Institute of Arbitrators Westem Australian Chapter and the conduct of the Arbitration shall be in accordance with the Commercial

Arbitration Act 1985.

15. PRACnCAL COMPLEllON

(a) Practical Completion of the Works shall be deemed to have occuned when the Works are complete except for any omissions or defects which do not prevent the Work from being reasonably capable of being used for their intended purpose.
(b) The final payment shall be due within SEVEN (7) days from the date of Practical Cor@etion and upon payment thereof the Owner shall acknowledge that the Works have been completed by the Contractor in accordance with this Contraa and the Contraaor shall thereupon be relieved and discharged from all responsibilities under this Contraa other than his obligations pursuant to Clause 1 1.
16.
NOTICES served personally upon him or forwarded to him by prepaid letter addressed to such patty at his address given herein or such other address as may be notified in writing by such party to the other. Any notice so pcxted shall be deemed to have been sewed unless contrary is shown at the time when by the ordinary course of post the notice would be delivered.

17.
SUPPLY OF MATERIALS and when they are required, the Owner shall forthwith upon request from the Contractor specify the use of alternative

original materials am available within FOURTEEN (14) days of being required on site by the Contrador. The specification of avaitable materials or permit an extension of time to complete i f insistent on the original materials. PROVIDED THAT such any alternative materials and any delay in obtaining the same shall be dealt with as a Variation Document in accordance
with CIause 9(a).
18. ASSIGNMENT

(a)

hch of the parties to the Contract hereby spxifically agrees that he shall n d assign his interest in this Contrad without the prior written consent of the other.
(b) The Contrador may at his option sub-contract the wholeor any portion of the Works but any such subcontracting shall

not d i e @ the Contractor from any of his responsibilities or obligations as set forth herein.
19. INTERPRETATION

. In this Contrad words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine and neuter genders and vice versa and words impotting persons shall include corporate

bodies. A mferene to W w n d or Tontractor' includes their and each of their respedive heirs, successc~ and assigm.
20. SPECIAL CONDITIONS

Item No. Details Item No. Details
1. Contractor/s

yame ...............................,,...................................9..................................................... 9. (a) Provisional Sums items
.............................................................................................
Address .......................................................................................................................
..................................................................................................................................
Builders Registration No (if appl) ................................................................................
...................................................................................................................................
...................................................................................................................................
2. Owner/$

Name ................................................. Name .......................................................... (b) Prime Cost Items

Address ................................................. Address ....................................................... . , . ............................................... . . . . . * . * . . . . . ...............
................................................................................................................................

3.

Works ............................. ., ..........................................................................................
4.

Site: Postal Address ..................................................................................................... Signed by the Ownerls who also hereby acknowledge:
1. The Notlce for the Home Owner referred to in Section 4 (2) of the Home Bulldlng
Contracts Act 1991 was recelved PRIOR to slgning thls contract; and

5.
Deposit [not to exceed 6.5% of Contract Price)

$ .......................................

Value 2.
A signed copy of thls Contract and the other Const~dlon

Documents referred to In

Progress Payments as follows:
Sage

I
Clause 1 was received.

Owner ......................................................................... D ................... .. ..................

.......................................................................................... $

Witness .......................................................................................................,,........,....,,.....

Contract Price S

Owner ...................................... D .......................................

6. Interest on late payment ......................................................................................... %

Witness ..............................................................................................................................

7. Time to commence works .................................................................................... days
Signed for and on behalf of the Contractor:

Ylme to complete works ..................................................................................... days

Contractor .................................................................... Date ..............................................

Witness ................ ... ......................................................................................................

8. Additional percentage allowed ................................................................................. %
F-..
Home Building Contracts Amendment Regulatiom 1994

SCHEDULE 4 keg. 41

HBW 2.

HOME BUILDING
WORKS CONTRACT
EDITION 2.
(for use in Works without an Architect)
Agreement and Conditions of Contract
between

.........................................................................................
........................................................................ (Owner)
and

.........................................................................................

....................................................................... (Builder)

M a s t e r ~ A s s o Q a t . r a n . . OfWA
Helping build t h e w .

@ copyright Approved January 1994

Printed llP4 -

Home Building Contracts Amendment Regulations 1994

Home Building Works Contract

Edition 2
Important Notice
Persons intending to use this form of contract should carefully read and examine the document before signing it to ensure that it contains all of the terms, conditions and provisions of their agreement. If any person is unsure as to the nature of the document or its terms, conditions or provisions then they should seek legal advice from a solicitor before signing it.

Home Building Contmcts Amendment -m 1994
HOME BUILDING CONTRACTS ACT - 1991

In accordance with Section 6 of the Home Building Contracts Act 1991 the Owner acknowledges receipt of the following documents:-

1 .

A Notice of explanation of the relevant provisions of the Home BuiMing Ccurtracts Act 1991 prescribed by Section 4(2) of the Act a copy of which h attached (see pages 2 and 3).
2.

A signed copy of !he Building Contract dated .............................................. 19 ..........
prescribed by Section 4(1) of the Act.

Signed ................................................................

...............................................................

(Owner)

Dated: .................................................. 19 ...............
Home Building Contracts Amendment Regulations 1994
Notice for the Home Owner
Receipt of Documents
Notes
Particulars of Contract
Agreement
Appendix I
Appendix 11
Appendix Ill

CLAUSE TITLE
Responsibility of Builder.
Discrepancies and ambiguities
Supply of drawings and Specifications
Set out
Copyright
Evidence of Title
Evidence of capacity of Owner to pay Contract Sum
Delivery of Site
Date for commencement and time for completion
Building Approval
Compliance with requirements of Local and other authorities
Owner's access to land
Authority to exclude unauthorised persons from the site
Lending Authority
Availability of materials
Variations
Assignment and Subcontracting
Insurance
Delays and Extension of time
Suspension of works
Determination by Owner
Determination by Builder

Provisional Sums
Sub-surface works
Payment
Practical Completion
Payment on Practical Completion
Defects Liability Period
Completion of Works
Notices
Settlement of Disputes
Moneys advanced on security of land
Security
Consequences of non-fulfilment of conditions
Definitions
Home Building Contracts Amendment Regulations 1994
NZEs

These notes are for the assistance of the parties only and do not form part of the Contract.

Two complete copies of all Contract Documents shall be signed by the Ownerls and Builder and each party shall retain a completed set of documents. These should be filed away and not used as a working document.
The Particulars and the Appendices shall be completed in full. Each page of the Specification should be initialled and the Specification dated and signed where indicated. Each sheet of the Drawings should be signed and dated with the notation:-
This is Sheet ..................... of ......................... Drawings referred to in

the Contract dated ............................................................................. 19 ........
The Agreement should be signed on page 4 and 8.
It is recommended that a Site Report form of the type obtainable from MBA should be used in assessing any Provisional Sum for site works.
It is recommended that the Preliminary Works Contract of the type obtainable
from MBA be used in conjunction with this Building Contract.
One alternative in item 5 of Appendix I should be deleted.
Risks not covered by clause 18 should be insured against separately - eg. 18(g).
The Home Building Contracts Act 1991 specifies certain requirements which must be complied with in relation to a Home building Contract for works exceeding

$6,000 but less than $200,000 in value.
These requirements are set out in the explanatory notice reproduced at pages 2 and
3 of this document which the Owner hereby acknowledges and has read prior b
signing this Contract.
The Building Disputes Committee is located at:
18 Harvest Terrace
West Perth WA 6005

WARNING
It is preferable that the Conditions not be amended or altered. Any amendments, deletions or additions which are to be made to the wording of a clause should be initialled by both parties in the margin of the relevant clause. In any event, any amendments must remain within the requirements of the Home Building Contracts Act 1991.

Home Buildirzg Contmds Amendment R @ g d d o n a 1994
.......................................................................................................
hereinafter referred to as the Owner.
B. BUILDER

of ............................................... Registration No ...........................

Commonwealth;

( i

i )

On account of an increase in any tax, duty or other charge imposed under any such law after the date of the contract; or

( i i i ) By reason of a delay in the commencement of home building work beyond 45 working days after the date of the contract being a delay -

(A ) that is caused solely by the failure of the Owner to comply with a condition imposed on the Owner by the
Contract, including a condition to the effect that the Owner produce satisfactory evidence of the Owner's ability to pay the Contract price or of the Owner's title to the land on which the work is to be performed; or

( B ) that occurs without any failure on the part of either the
Owner or the Builder to comply with his or her
obligations under the Contract.
In which case the consequences to, and the rights and remedies of, the parties are as set out in Clauses 34(d) and (e).

( h ) The provisions of this clause are to be read subject to the provisions of
Clause 14.
26. PRACTICAL COMPLETION
Practical Completion is that stage when the Works are completed except for any omissions andlor defects which do not prevent the Works from being reasonably capable of being used for their intended purpose by the Owner. and such testing or certification by any authority having jurisdiction has been complied with. For the purposes of this clause the phrase "the Works"

does not include any labour or materials which are to be supplied andlor
fixed by the Owner.
When, in the opinion of the Builder, the Works are practically completed, the Builder shall give to the Owner notice thereof in writing, in the form set out in Appendix Ill.
Within SEVEN (7) days after the service of such notice the Owner shal! give to the Builder notice in writing, of those matters and things (if any) which the Owner considers are required by this Contract to be done for practical completion. The Builder shall forthwith do all such things (if any) as may be required by this Contract for the achievement of practical completion and shall give to the Owner further notice in writing when he has done all such things.
In the event that the Owner does not give any notice within the time specified in paragraph (c). the Works shall be deemed to have been practically completed at the date of service of the notice given by the Builder pursuant to the provisions of paragraph (b).

Home Building Contracts Amendment Regulations 1994

( e ) The Works shall be at the risk of the Owner in all respects upon practical
completion.
PAYMENT ON PRACTICAL COMPLETION
When the works are practically completed, the Builder shall be entitled to receive the unpaid balance of the contract sum, together with any other monies which are payable under the Contract.
Should the Builder not receive from the Owner any payment on Practical Completion by the due date the Builder shall be entitled to interest thereon at the rate specified in ltem 6 of Appendix I.
The Owner shall not be entitled to take possession of the Works nor receive the keys of the dwelling house until payment to the Builder of all monies remaining due under paragraph (a) and any interest accrued thereon has been made.
On payment of the said monies the Builder shall hand all keys to the Works to the Owner or such other person as the Owner may authorise to receive them.
DEFECTS LIABILITY PERIOD

(a ) the Works and shall continue for the period stated in ltem 7 of Appendix I The Defects Liability Period shall commence upon practical completion of
which period, shall be not less than 120 days or if no period is so stated,
for EIGHTEEN (18) weeks.
( b ) provide to the Builder a written list of any defects and the Builder shall Prior to the expiration of the Defects Liability Period, the Owner shall
within TWENTY (20) days of the expiry of the said period make good such
defects during normal business hours at his own cost.
( c ) Where the Builder has failed to make good any defects the Owner may at the expiration of TEN (10) days after service of notification in writing of the
intention so to do and specifying such defects, engage or employ others to amend or make good such defects to the extent that the Builder has not made good the same and recover the cost from the Builder.

COMPLETION OF WORKS

(a ) The expiration of the Defects Liability Period or the completion of work
notified to be amended and made good in accordance with Clause 28.
whichever is later, shall, save in cases of fraud, dishonesty, deliberate concealment or of defects which a reasonable inspection would not have disclosed, be evidence as to the sufficiency of the said Works and materials to comply with the requirements of this Contract.

( a ) required to be given under this Contract, shall be deemed to be sufficiently Except where otherwise expressly required, any notice necessary or
given if delivered by hand or sent by prepaid post addressed to the person to whom it is necessary or required to be given or left at the address appearing in the Particulars of Contract, or at his place of abode and shall. in the case of posting, be deemed to have been received at the expiry of two clear days of posting.
Home Building Contracts Amendment Regulations 1994

3 1 SET7LEMENT OF DISPUTES
Subject also to the provisions of Section 17 of the Home Building Contracts Act 7991. should any dispute or difference arise between the Owner and the 8uikler in connection with this contract then:

(a) such dispute or difference.
Either party shall give written Notice to the other of the existence of any

( b ) the dispute or difference
Such Notice must provide sufficient detail to identify the cause and nature of
( c ) At the expiration of SEVEN (7) days following the giving of such Notice.
unless it shall have been otherwise settled, such dispute or difference may
then be submitted for resolution by one of the foIlowing procedures.

( i ) By reference. in writing to the Building Disputes Committee, established by Section 26 of the Builders Registration Act 7939, or,

( i i ) By reference to Arbitration in accordance with the provisions of the
Commercial Arbitration Act 1985.
The Arbitrator shall be a person mutually agreed upon by the parties or, in the event that they fail to agree upon a choice within SEVEN (7) days of it being requested, then the Arbitrator shall be either:

(A) The Chairman for the time being of the Institute of Arbitrators Australia, WA Chapter, or his nominee, or,
( B ) The President for the time being of the Master Builders
Association of WA. or his nominee.

In seeking such nomination, the party who served Notice under paragraph (a) shall deposit with the Institute of Arbitrators Australia WA Chapter, or the Master Builders Association of WA, as the case may be, the sum of $300 by way of security for the costs of the Arbitrator.
Such security shall be applied in accordance with the directions from time to time of the Arbitrator.

3 2. MONEYS ADVANCED ON SK'URTTY OF LAND

(a) The Owner agrees that all moneys (if any) which may be advanced after the date hereof on the security of Land which includes that on which the Works
are to be erected will be paid to the Builder direct by the Mortgagee from time to time until the total amount that may become payable under this contract shall be satisfied. AND the Owner agrees that he will execute and give any authority andlor direction that may be necessary or expedient to carry into effect the provisions of this Condition.
Moneys received by the Builder by virtue of this condition shall be in

( b ) satisfaction or in reduction of moneys that may be due or may thereafter
become due to the Builder by virtue of the provisions of Clause 25.

(a) the Works are to be erected with due payment to the Builder of all moneys The Owner hereby charges the parcel of land on which or on part of which
that may become payable to the Builder by virtue of this Contract or
otherwise from the carrying out of the warks.

Home Building Contracts Amendment Regulations 1994

34. CONS~ENCES OF NON-FULFILMENT OF CONDmONS
If any condition set out in Clause 10(a) is not fulfilled solely because the Builder has failed to comply with the Builder's obligations under Clause 10(c). this Contract is not affected but remains in force on the same terms and conditions except as otherwise agreed between the parties.
If any condition set out in Clause 10(a) is not fulfilled solely because the Owner has failed to comply with the Owner's obligations under Clause 10(d), this Contract remains in force on the same terms and conditions until the parties agree otherwise or either party terminates the Contract in accordance with Clauses 21 or 22 as the case may be, but subject to the provisions of Clause 34(d).
If any condition set out in Clause 10(a) is not fulfilled and both the Owner and the Builder have, or neither the Owner nor the Builder has, failed to comply with their respective obligations under Clauses 10(c) and (d) this Contract remains in force on the same terns and conditions until the parties agree otherwise or either party terminates the Contract in accordance with Clauses 21 or 22 as the case may be, but subject to the provisions of clause 34(d).
Where paragraph (b) or (c) or Clause 25(g)(iii) applies -
The Builder may be notice in writing to the Owner -

( A ) amount set out in the notice; and
increase the price stipulated in the Contract by an
( B ) specify when any increased amount is payable, which
must be either -

( I ) notice is given; or
not later than TEN (10) working days after the

( I I ) at the time of a progress payment;
if the amount of an increase exceeds 5% of the price stipulated in this Contract, the Owner may terminate the Contract in accordance with Clause 21 within TEN (10) working days after receipt of notice under paragraph (d) (i), and,

if the Owner so terminates the Contract, the Owner is liable to
compensate the Builder for the reasonable costs incurred by
the Builder up to the date of termination.
If the Owner considers that the amount of a price increase notified under paragraph (d) (i) is excessive or unjustified the Owner may apply to the Disputes Committee, within 10 working days after receipt of a notice under that clause, for a review of that amount.
On a review under this Clause, the Buikler is required to show that the price has been increased to reflect actual increases in casts between the date of the Contract and the date of the notice under paragraph (d) (i).
On a review under this clause the .Disputes Committee may confirm, vary or disallow the amount of the price increase, and the Contract shall have effect in accordance with the Disputes Committee's decision.

Home Building Contracts Amendment Regulations 1994

(a ) the relevant drawings, specifications or any other document having Whenever the following words or phrases occur in these conditions or in
reference to the Works, they shall. unless the context otherwise indicates,
be deemed to mean as follows:
"Contract Documents" shall mean this Agreement, these Conditions and any special conditions, the Particulars of Contract the Appendices and Drawings and Specification and any incorporated documents.
"Days" means calendar days.
"Working days" means Monday to Friday but excluding in respect of home building work to be carried out in any area a day that is a public holiday in that area or throughout the State.

"Drawings and Specification" shall mean the drawings and specification
referred to in the Particulars of Contract.
"Practical Completion" means brought to the state where the home building work is completed except for any omissions or defects which do not prevent the home building work from being reasonably capable of being used for its intended purpose.
"Defect" means a failure -

(a) manner and in accordance with the contract; or
to perform the home building work in a proper and workmanlike

( b ) fit for the purpose for which the owner required the home building
to supply materials that are of merchantable quality and reasonably
work to be performed,
not being a failure for which the builder is specifically declared by the
contract to be not liable.
"Works" shall mean the works to be carried out by the Builder described in
the Contract Documents.
"Lending Authority" refers to a person or body corporate which has agreed

to the Works. which may become payable to the Builder under this contract or in relation or agrees to make a loan to the Owner to enable the Owner to pay any monies

The Builder" and "The Owner" shall mean respect'iely anyone acting by their authority or on their behalf and when the contract so admits. indudes their respective heirs, executors, administrators, assigns or transferees.

(b)

Words in this antract importing the singular shall be deemed to iwlude the plural and vice versa where the text so requires, and words importing persons shall be deemed to include companies and bodies corporate andlor bodies incorporate.
This contract was prepared by the Master Builders' Association for the use of 'members of
the Association but may be used by persons who are not members of the Association.
Home Building Contracts Amenclmnt Regulations 1994

SCHEDULE 5 [mg. 43

MINOR WORKS CONTRACT

ICapytig ht)

(For Contracts with ~om&&&s over $6.000 Value)

To'ae used for contracts -

(a) Where the onty work to be performed under the antra

(i) is the construction or canying out of 'associated work" within the meaning in the Ad: or
(ii) is home building work that is prescribed for the purposes of Section 9(5) of the Act,
(b) in respect of which all licences and requirements referred to in Section 9(l) of the Act have been obtained or satisfied; and
(c) in which the contract price does not exceed $15,000.

. -

Impartant Notice

Persons intending to use this form of contraushouldcarefully read and examine the document before signing it to ensure that
acontainsalloftheterms,conditions and provisionsof theiragreement.

If any person is unsureastothenatureof the document

or its terms, conditions qr provisions then they should seek legal advice from a solicitor before signing i!.
I

- - -

CONTRACTOR: , ............................................................................................................................................ ......,.... ..............................
ADDRESS: ............................................................................................................................................................................................
PHONE NO: .........................................................

TO: (Homeowner's Name and Address)
LOCATION OF WORKS:

SPECIFCATION OF WORKS:
COMPLETION OF WORKS: ........................ calendar days fmm date of signing contrad.
QUOTATION

Thisquotation isvaliduntil ........................................................................................................................................... 19 .................. .*.... -

SIGNED (Contractor) ......................................................................................... DATE ........................................ 19 .........................

h e ....-........................................................................................... (Homeownerls) make the followhg declarations:

(1) I/we admowledge receipt of the 'NOTICETOTHE HOMEOWNER awmpanyirg thisdocument beforesigning thecontract.
pursuant to Section 4 2 ) of the Home BuiMng Contracts Act 1991.

SIGNED ............... ........,............................... .......

HOMEOWNEFUS

(2) bindhg contract.

We ac~wptthiiquotafon and acknowledgethat by signing anddatingthisform h e shall onthatdate be entering intoa legally

DATE ....................................................................... 19 ........................... SIGNED .......-...,...................................................

HQMEOWNEWS

(3) We ahwdedge receiving a espy of this mntract on the .................... day of ............................................... 19 .........,....

SIGNED .............-.,..............-..-..........................

HOMKlWNEWS

SEE CUNDllYUNS APPLYING TO WIS CONTRACTON REVERSE SIDE

WHIT E COPY: Contrador BLUE COPY: Homeowner GREEN COW: File

Home Building Contracts Arnendmnt Regulations 1994

CONDITIONS APPLYING TO THIS CONTRACT

1. INSURANCE
The contractor will provide all statutory insurance to complete the descn'bed works.
2. EQUIPMENT
All necessary equipment be provided by contractor.

3.
VARIATIONS performance of any additional work, details of such agreement, the cost of the van'ation, the date of the variation and any particulars regarding payment shall be set out in writing and signed by both the contractor and the homeowner before the additional work is started. A copy of the signed variation shait be given to the dient as soon as it is reasonably practicable and in any event BEFORE the work to which the variation relates is commenced.

METHOD OF PAYMENT
To be made in the following stages:

M on signing of contract

(not to exceed 6.5% of contract sum) $ ....................................
- *

Payments 1 ............................................ ( % ) $ ....................................

2 ............................................ ( % ) $ ....................................

3 ............................................ ( % ) $ ....................................

TOTAL CONTRACT SUM $. ...................................

Property of materials used in completed work passes to the owner once the progress payment is made
Both parties should check that all sections on the form have been completed, signed, and therefore adequately reflects the work to be done.

6. (a) The contractor shall make good at his own cost defects in the work no t i f i i in writing to the contractor
within the period of 120 days commencing on the day of practical completion of the work.

(b) "Defect" means a failure -

(i) to perform the work in a proper and workmanlike manner and in accordance with the contract; or
(ii) to supply materials that are of a merchantable quality and reasonably f~ for the purpose forwhich
the owner required the work to be performed,

not being a failure for which the contractor is specificalty declared by this contract to be not liable.

(c) The expression "practical completion" for the purpose of this condition, means brought to the stage where the work is completed except for any omissions of defects which do not prevent thework from

being reasonably capable of being used for its intended purpose.

(d) The contractors liability under this condition shall be subject to any exemptions made horn time to time

for the purpose of Section 11 (3) of the Home Building Contracts Act 1991.

(e)

The contractor shall not beliable to rectify any defects to the works to be perfomid underthiscontract arising from any work carried out by the home owner or the home owner's sewants and agentsat any time.
ThlEcontrodwaspeparedbytheMasterBusders'Assodatlonfortheu~eofmembenofthe~~W

beusedbypenonrwho~enotmembersof thekw&tkm.
By Hie Excellency's Command,

D. G. BLIGHT, Clerk of the Council.

HOME BUILDING

[* *Published in Gazette of 3 April 1993 at pp. 1465-8.*	*For amendments to 8 February 1994 see 1992 Index to Legislation*
*of Western Australia, Table 4, p. 133.1*

regulation they are to be taken to comply with all of the 15 (5) of the Act, that is when used in accor ance with this a	subject to this regulation, prescribed for the pur oses of section
requirements of the Act.
The form of contract set out in Schedule 2, re ared by for contracts for a y kinds of home. budding work, but this	the Housing Indust Association Limited, i s prescn kcf for use
subregulation does not affect copyright in that form of contract.

(3)	The form of contract set out in Schedule 3, re ared by
the Housing Industry Association Limited, is prescri e for use	% B

The form of contract set out in Schedule 4, pre ared by Em loyers) Pexth, is prescribed for use for contracts for all kmds	of Rome building work but this subregulation does not affect
copyright in that form of contract.
the Master Builders' Association of Western Australia ( b nion of	(4)

*(5)*	The form of contract set out in Schedule 5, pre ared by
the Master Builde~s' Association of Western Austral~a	(bnion d

(b)	in respect of which all licences and re referred to in section 9 (l) of the Act obtained or satisfied; and
(c)	in which the contract price does not exceed $15 000,

(ii9	it becoming lawful under the Water Act (as defined in section *9(6)* of the Home Building Contracts Act 1991; "the Water Act") within FORTY FIVE (45) working days from the date of this Contrad for the Works to
be commenced; and
(iv) the Owner and the Builder acknowledging in writing within that period that each d	them accepts any

(in	The Site is subject only to those encumbrances, restrictive covenants and easemnts detailed in ltem 5 of the khedule
(iii)	The Builder has access to the Site for the pucposes of this Contract.

Oii)	Any dispute as to the value of the Work ampleted or *the* stare of	the Warks at any particular lime shall be
determined in accordance with Clause 17.

(C)	Upon the happening of any of the events aforesaid the Builder shall be entitled to seek or make a variation by way of extension of the time for completion of the Works in accordance with *the* provisions of Clause 11Ibl or (cD
as the case may be.

(C)	The Buildefs liability under Clause 13(a) shall be reduced to the extent of any exemptions made from time to time for the purpose of section 11 (3) of the Home Building Contracts Act 1991.
(d)	The Builder shall not be liable to remedy any damage or rectify any defects to the Works arising from any work carried out on the Site by the Owner or the Ownefs servants and agents at any time.

(e)	(i)	unjustified the Owner may apply to the Disputes Committee, within TEN do) working days after receipt of a notice under that Clause, for a review of that amount.
If the Owner considers that the amount of a price increase notified under Clause 21(d)(i) is excessive or
(ii)	On a review under this subclause the Builder is required to show that the price has been increased to reflect actual increases in costs between the date of this Contract and the date of the notice under Clause 21 (d)(i);
(iii)	On a review under this sub-clause the Disputes Committee may confirm, vary or disallow the amount of the price increase, and this Contract shall have effect in accordance with the Disputes Committee's decision.

(a)	without the prior written consent of the other.
(b)	The Builder may at his option sub-contract the whole or any portion of the Works but any such subzontracting

The Price for the Works shall be the amount *set*	out in the Schedule which shall be subject to the adjustments herein provided
for. The price so adjusted shall hereinafter be called the 'Contract	Price".
DEPOSIT & PROGRESS PAYMENTS
(a)	The Owner shall pay to the Contractor the Deposit as indicated in the schedule upon signing this Contrad and the balanceof the Contract Price as detailed in the Schedule at the stages set out in the Schedule.
(b)	If for any reason any progress payment or the final payment is not made within SEVEN (71 days of being payable the Contractor shall be entitled to charge interest themn at the percentage rate per annum forth in the Schedule as and from the date upon which the payment fell due until the date upon which the payment is made and the Contractor may in addition to any other remedy which he may have against the Owner suspend the Works pending payment.

(a)	The Owner charges the Site in favour of *the* Contractor to the value of any unpaid amounts due under this contract and
irrewcably authorises and consents to the Contractor lodging an absolute caveat in respect of the Conrrador's interest herein.
(b)	Xtle in any goods delivered to the Site under the Contractors obligations pursuanr to this contract shall not pass to the

(a)	The Contractor shall commence the Works by the time specified in the Schedule or as won thereafter as may be reamably practicable and shall pmeed thewi th with reasonable d isp~ch and diligence and w m p h e the Work within the time specified in the Schedule.
(b)	Notwithstanding provisions contained in this Contract the Contractor shall not be responsible for any delays in the Works -used by any matter or thing over which the Contractor shall have no control. The Contractor shatl be entitled to an extension of the time for unnpletion in accnrdance with Clause 9(b).

(b)	The Contract Price includes allowances by way of Prime Costs as are set brth in the khdule.	These costs exdude the
msts of &l imy to the Site, the *cmt* of installation, fixing, superviGon, werhead and p f n .

(iiil	the Contractor shall prepare and give to the Owner or his agent a Variation Doarment setting out the terns of, and the cost to be incurred on acmunt of the variation,
(iv)	once the Variation document has been signed by the owner or the ownefs agent and the wntractor and dated (the date of the Variation document being the date on which the last signatory signed the doarment) the variation shall be carried out as if it were part of the work, under the contract and the express conditions of all of the comtrudion documents are deemed to be varied acmrdingly, and
(V)	the Contractor shall give a copy of the Variation Document signed by the Contractor to the Owner or their agent as swn as reasonably practical and before the work to which the variation relates has commenced.
(b)	The Contractor shall be entitled to a variation in resped to time to complete and cost for circumstances that could rot

(d	If further costs are actually imposed on or incurred by the Contractor as a dired consequence of a written law of the State of Western Australia or the Commonwealth of Australia or on account d an increase in any tax, duly or other charge imposed under any such law after the date of this tontract then the Contractor shall be entitled to increase the
price to r d e d such further cods. The Contractor shall notify the Owner of such costs and specify to the Owner when
such costs are payable.

yame ...............................,,...................................9.....................................................	9.	(a) Provisional Sums items
.............................................................................................
Address .......................................................................................................................
..................................................................................................................................
Builders Registration No (if appl) ................................................................................
................................................................................................................................... ...................................................................................................................................

.......................................................................	(Builder)
M a s t e r ~ A s s o Q a t . r a n . . OfWA
Helping build t h e w .

( B )	that occurs without any failure on the part of either the
Owner or the Builder to comply with his or her
obligations under the Contract.

(a )	the Works and shall continue for the period stated in ltem 7 of Appendix I The Defects Liability Period shall commence upon practical completion of
which period, shall be not less than 120 days or if no period is so stated, for EIGHTEEN (18) weeks.
( b )	provide to the Builder a written list of any defects and the Builder shall Prior to the expiration of the Defects Liability Period, the Owner shall
within TWENTY (20) days of the expiry of the said period make good such defects during normal business hours at his own cost.
( c )	Where the Builder has failed to make good any defects the Owner may at the expiration of TEN (10) days after service of notification in writing of the

COMPLETION OF WORKS
(a )	The expiration of the Defects Liability Period or the completion of work

(a)	the Works are to be erected with due payment to the Builder of all moneys The Owner hereby charges the parcel of land on which or on part of which
that may become payable to the Builder by virtue of this Contract or otherwise from the carrying out of the warks.

( b )	fit for the purpose for which the owner required the home building
to supply materials that are of merchantable quality and reasonably
work to be performed,

to the Works.	which may become payable to the Builder under this contract or in relation or agrees to make a loan to the Owner to enable the Owner to pay any monies
The Builder" and "The Owner" shall mean respect'iely anyone acting by their authority or on their behalf and when the contract so admits. indudes their respective heirs, executors, administrators, assigns or transferees.
(b)	Words in this antract importing the singular shall be deemed to iwlude the plural and vice versa where the text so requires, and words importing persons shall be deemed to include companies and bodies corporate andlor bodies incorporate.

-	- -
CONTRACTOR: ,	............................................................................................................................................ ......,.... ..............................

Thisquotation isvaliduntil	...........................................................................................................................................	19	.................. .*....	-
SIGNED (Contractor) .........................................................................................	DATE	........................................	19	.........................

h e	....-...........................................................................................	(Homeownerls) make the followhg declarations:
(1)	I/we admowledge receipt of the 'NOTICETOTHE	HOMEOWNER awmpanyirg thisdocument beforesigning thecontract.