Common use of LOCAL AUTHORITY Clause in Contracts

LOCAL AUTHORITY. a) Structural design of the home is as per the Local, State or other Authority, or Statutory body’s requirements. b) Complying with statutory obligations and any notices and obtaining relevant approvals is the responsibility of Builder. c) The Builder and the Home Owner acknowledge that notwithstanding proper requests by the Builder the Local Authority does not on all occasions carry out final inspections in relation to the works. The Home Owner further acknowledges and irrevocable agrees that they will not make any objection to the lack of provision of a final inspection report subsequent to practical completion and further will not withhold or cause to be withheld any progress payments due to the Builder, either directly or through their financier that are due to be paid to the Builder on practical completion of the works. The Home Owner acknowledges and agrees that should their financier refuse to advance all or any funds until the provision of a final inspection report from the Local, State or other Authority which may not be available, the Builder will at the Home Owners cost obtain a final inspection report suitable to the financier from a qualified Engineer or a licensed Builder. d) Unless otherwise specified, all building fees are paid for by the Builder. Any Bonds called for or development application fees requested by any Local or Other Authority or statutory body are to be arranged and paid for by the Home Owner. e) It is the responsibility of the Home Owner to obtain any necessary building consents from relevant developer or land corporation where a covenant applies. f) An Engineer's soil report, footing and slab designs if required are to be provided by the Builder. g) Should this Contract not proceed for any reason whatsoever all moneys expended by the Builder on Local Authority fees, obtaining soil reports and footing and slab designs, engineers fees, drafting and an administration fee of $250.00 for the costs of preparation of contracts and plans shall be deducted forthwith from any deposit paid by the Home Owner. If the deposit paid by the Home Owner is insufficient to cover such costs then the Home Owner shall pay such extra costs to the Builder within fourteen days after receiving notification that the same are due and payable. h) The colour selection must be completed before construction can commence. The colour selection should be completed before local authority, city, or finance approval has been received to enable the Home Owner’s home to be built within the construction period stated in this contract. This colour selection does not form part of this contract and any item at a cost above standard allowance will be charged as an extra. i) Any valuations required by the lending body (other than final inspection) are to be the responsibility of the Home Owner to organize. j) The Builder takes no responsibility for any colour variation in the roof tile, brick, ceramic wall and floor tile, stucco, paint, between those shown in displays or brochures to those delivered by the manufacturer. These products may vary slightly in colour from time to time and any discrepancy is the responsibility of the manufacturer. k) The electrical plan is to be completed and returned to this office within seven days from the date the Home Owner signs the contract, failing which the standard electrical plan will apply. l) The Home Owner and the Builder hereby agree that any extension of time claimed for practical completion due to wet or inclement weather shall be based on notification pursuant the Contract and shall be claimed as per the logged days by the nearest post office or weather bureau. m) The Home Owner acknowledges that it is their responsibility to pay a deposit to the gas and or electrical authority to connect power and/or gas. Any delay by the electrical and or gas authority in connecting power shall not on its own delay practical completion or final payment to the Builder. n) Where due to soil conditions, Local, State or Other Authority requirements, pump out tanks, submersible pumps and irrigation systems are required over and above the normal septic system, the Home Owner agrees to bear the costs thereof and proceed by way of variation pursuant to the Contract. o) The Builder reserves the right to charge a $250.00 fee for each variation requested by the Home Owner subsequent to signing of the contract. Variations are deemed to be changes, additions, deletions and alterations to contract, color selection, allowances or prior variation. Each variation will add one week to the contract time. p) The Builder accepts no responsibility to contact the owners of adjoining properties in relation to fencing. It is the Home Owners responsibility to contact the adjoining neighbors to arrange rebates. Should the Home Owner not arrange rebates, the Builder will install the fence(s) as per the contract at the Builder's discretion. q) The Home Owner acknowledges that they have not relied upon any representations made by the Builder, its agents, employees or workmen in entering into this contract other than those representations as are included in and form part of this contract. r) This contract has no allowance for termite treatment and any deviation from this will be at the Home Owners cost. s) Provisional cost, prime sum, to the value of items, or allowances in this contract will be adjusted with a margin of 20% for recovery of profit and administration as per the building contract. Adjustments will be made on receipt of final invoice and credited off the final progress claim. These allowances are non-transferable and will be subject to a 5% retention if deleted.

LOCAL AUTHORITY. a) Structural design of the home is as per the Local, State or other Authority, or Statutory body’s requirements. b) Unless otherwise specified or agreed to in writing, all building application fees relating directly to the applications for Development Application and Construction Certificate Application or Complying Development Application are paid for by the Builder. c) It is the responsibility of the HomeOwner to pay and obtain refunds from the Local Building Authority for any Bonds called for by the Local Building Authority. d) It is the responsibility of the HomeOwner to pay any Contributions orAdditional Development Application and Construction Certificate Application or Complying Development Application fees relating to Sheds or other Structures, Swimming Pools, Solid Fuel Heaters or other applications required in addition to the applications necessary to build the proposed home unless otherwise previously agreed to in writing by the Builder. These fees will be advised by The Builder as a Variation to the agreed contract price. e) It is the responsibility of the HomeOwner to obtain any necessary building consents from relevant developers or land corporations where a covenant applies. f) It is the responsibility of the HomeOwner to pay for any additional costs relating to reports requested by the Local Building Authority including but not limited to; where BushFire Attack Level (BAL), Terrestrial Biodiversity or Flora and Fauna Reports or Heritage Reports, Dwelling Entitlement or Noise Studies are required to obtain Building Consent unless agreed to by The Builder in writing. g) Complying with statutory obligations and any notices and obtaining relevant approvals is the responsibility of The Builder. ch) An Engineer's soil report, footing and slab designs if required are to be provided by the Builder. i) Where due to soil conditions, Local, State or Other Authority requirements, pump out tanks, submersible pumps and irrigation systems are required over and above the normal septic system, the HomeOwner agrees to bear the costs thereof and proceed by way of variation pursuant to the Contract. j) The Builder and the Home Owner HomeOwner acknowledge that notwithstanding proper requests by the Builder The Builder, the Local Authority does not on all occasions carry out final inspections in relation to the works. . k) The Home Owner further acknowledges and irrevocable agrees that they will not make any objection to the lack of provision of a final inspection report subsequent to practical completion and further will not withhold or cause to be withheld any progress payments due to the The Builder, either directly or through their financier that are due to be paid to the The Builder on practical completion of the works. . l) The Home Owner HomeOwner acknowledges and agrees that should their financier refuse to advance all or any funds until the provision of a final inspection report from the Local, State or other Authority which may not be available, the The Builder will will, at the Home Owners HomeOwners cost obtain a final inspection report suitable to the financier from a qualified Engineer or a licensed Builder. d) Unless otherwise specified, all building fees are paid for by the Builder. Any Bonds called for Builder or development application fees requested by any Local or Other Authority or statutory body are to be arranged and paid for by the Home Owner. e) It is the responsibility of the Home Owner to obtain any necessary building consents from relevant developer or land corporation where a covenant applies. f) An Engineer's soil report, footing and slab designs if required are to be provided by the Builder. g) Should this Contract not proceed for any reason whatsoever all moneys expended by the Builder on Local Authority fees, obtaining soil reports and footing and slab designs, engineers fees, drafting and an administration fee of $250.00 for the costs of preparation of contracts and plans shall be deducted forthwith from any deposit paid by the Home Owner. If the deposit paid by the Home Owner is insufficient to cover such costs then the Home Owner shall pay such extra costs to the Builder within fourteen days after receiving notification that the same are due and payable. h) The colour selection must be completed before construction can commence. The colour selection should be completed before local authority, city, or finance approval has been received to enable the Home Owner’s home to be built within the construction period stated in this contract. This colour selection does not form part of this contract and any item at a cost above standard allowance will be charged as an extra. i) Any valuations required by the lending body (other than final inspection) are to be the responsibility of the Home Owner to organize. j) The Builder takes no responsibility for any colour variation in the roof tile, brick, ceramic wall and floor tile, stucco, paint, between those shown in displays or brochures to those delivered by the manufacturer. These products may vary slightly in colour from time to time and any discrepancy is the responsibility of the manufacturer. k) The electrical plan is to be completed and returned to this office within seven days from the date the Home Owner signs the contract, failing which the standard electrical plan will apply. l) The Home Owner and the Builder hereby agree that any extension of time claimed for practical completion due to wet or inclement weather shall be based on notification pursuant the Contract and shall be claimed as per the logged days by the nearest post office or weather bureauBuilding Inspector. m) The Home Owner acknowledges that it is their responsibility to pay a deposit Please refer to the gas and or electrical authority to connect power and/or gas. Any delay by the electrical and or gas authority in connecting power shall not on its own delay practical completion or final payment to the Builder. n) Where due to soil conditions, Local, State or Other Authority requirements, pump out tanks, submersible pumps and irrigation systems are required over and above the normal septic system, the Home Owner agrees to bear the costs thereof and proceed by way of variation pursuant to the Contract. o) The Builder reserves the right to charge a $250.00 fee for each variation requested by the Home Owner subsequent to signing of the contract. Variations are deemed to be changes, additions, deletions and alterations to contract, color selection, allowances or prior variation. Each variation will add one week to the contract time. p) The Builder accepts no responsibility to contact the owners of adjoining properties in relation to fencing. It is the Home Owners responsibility to contact the adjoining neighbors to arrange rebates. Should the Home Owner not arrange rebates, the Builder will install the fence(s) as per the contract Termite Disclaimer at the Builder's discretion. q) The Home Owner acknowledges that they have not relied upon any representations made by the Builder, its agents, employees or workmen in entering into this contract other than those representations as are included in and form part end of this contractDocument for information regarding The Builder’s standard termite protection. r) This contract has no allowance for termite treatment and any deviation from this will be at the Home Owners cost. s) Provisional cost, prime sum, to the value of items, or allowances in this contract will be adjusted with a margin of 20% for recovery of profit and administration as per the building contract. Adjustments will be made on receipt of final invoice and credited off the final progress claim. These allowances are non-transferable and will be subject to a 5% retention if deleted.