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picture1_Master Builders Contract Sample Pdf 83919 | Lot 16 Serene Terrace Mba Contract


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File: Master Builders Contract Sample Pdf 83919 | Lot 16 Serene Terrace Mba Contract
hc 7 2018 hc7 master builders association of victoria new homes contract where the contract price is more than 10 000 must be completed in english between oakwood plains p ...

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                                                                  HC-7 (2018)
                                      HC7
                        MASTER BUILDERS ASSOCIATION
                                  OF VICTORIA
                          NEW HOMES CONTRACT
                         WHERE THE CONTRACT PRICE IS 
                               MORE THAN $10,000
                             (must be completed in English)
                                    Between
                Oakwood Plains P/L t/as G.J. Gardner Homes Geelong
                                    (Builder)
                                      AND
                                     (Owner)
     Builder’s Copy / Owner’s Copy
     (Delete as Applicable)
     (Both the Builder and the Owner should retain a fully executed copy of this Contract)
    ÓCopyright Master Builders Association of Victoria. All rights are reserved. No part of this publication 
    may be reproduced, copied, stored in a retrieval system, distributed or transmitted in any form, or by 
    any means, including photocopying, scanning or other mechanical or electronic methods without the 
    prior written permission of the copyright holder.
                                                                                                                                    WARNING
                                        THIS NOTICE SHOULD ONLY BE COMPLETED BY THE OWNER IF THE OWNER 
                                WISHES TO WITHDRAW FROM THE CONTRACT WITHIN THE COOLING OFF PERIOD
                                                                          STATUTORY NOTICES REQUIRED BY SECTION 31(1) OF 
                                                                                   THE DOMESTICBUILDING CONTRACTS ACT 1995
                                                                                                             COOLING OFF PERIOD
                                                                                                                             Notice to the Owner:
                                           You may end this Contract within five (5) clear Business Days after receipt by you of a signed copy of the 
                                           Contract by filling in the notice below and giving it to the Builder in one of the following ways:
                                             1.       Personally;
                                             2.       Leaving it at his or her address set out in the Contract with a person who appears to be at least 16 
                                                      years old;
                                             3.       Sending it by pre-paid certified mail to the address set out in this Contract;
                                             4.       Sending it by facsimile to the facsimile number (if any) set out in this Contract.
                                                                                                                                 Detach along dotted line
                                                                                        NOTICE THAT CONTRACT IS ENDED
                                          An Owner cannot withdraw from a contract under the Act if:
                                                   1.       The Builder and the Owner have previously entered into a major domestic building contract that 
                                                            is in substantially the same terms for carrying out of the Work in relation the same home or Land; 
                                                            OR
                                                   2.       The Owner received independent legal advice from a practicing solicitor concerning the Contract  
                                                            before entering into the Contract.
                                           To                                                                                                                                        (Builder)
                                           I/We                                                                                                                                      give notice under our Contract with you that 
                                           the Contract is ended. Please refund the deposit less $100 and any out of pocket expenses incurred by 
                                           you which I have previously approved.
                                           Owner(s) signature:
                                           Date:      /      /
                                                                                             ANY ENQUIRIES CONCERNING THIS CONTRACT
                                                                                                          SHOULD BE DIRECTED AS FOLLOWS:
                                                                                 FOR MEMBERS OF MASTER BUILDERS ONLY – CONTACT
                                                                                       THE MASTER BUILDERS ASSOCIATION OF VICTORIA
                                                                                                332 ALBERT STREET, EASTMELBOURNE 3002
                                                                                                                        FOR OTHERS – CONTACT
                                                                                      YOUR SOLICITOR OR CONSUMER AFFAIRS VICTORIA
                                                            Owner(s)                 Initials                                                                                               Builder’s Initials 
                                                                                                              hader                    heade
                                                                                                              \\signer3_init           \\signer4_init
                                                            \\signer1_init           \\signer2_init                                                                                         \\builder_init
                                                                                                              ________                 ________
                                                            ________                 ________                                                                                               ________________________
                   HC-7 (2018)                                                                                                                                                                                                                                                       1
                                                                                                                                 CONTENTS
                   SECTION A – GENERAL CONDITIONS OF CONTRACT                                                                                                                                                                                                                        1
                   1. DEFINITIONS                                                                                                                                                                                                                                                    1
                   2. INTERPRETATION                                                                                                                                                                                                                                                 3
                   3. DISCREPANCIES AND AMBIGUITIES                                                                                                                                                                                                                                  4
                   3.1 Parties to consult if discrepancy or ambiguity found                                                                                                                                                                                                          4
                   3.2 Order for precedence of documents                                                                                                                                                                                                                             4
                   3.3 Figured dimensions prevail over scaled dimensions                                                                                                                                                                                                             4
                   4. APPROVAL TO COMMENCE BUILDING WORK                                                                                                                                                                                                                             4
                   4.1 Necessary steps to be taken to obtain any required permits                                                                                                                                                                                                    4
                   4.2 A party may terminate if necessary permits not obtained within 60 days                                                                                                                                                                                        4
                   4.3 Excess amount from deposit to be refunded to Owner on termination                                                                                                                                                                                             4
                   4.4 Permit is a pre-condition of Commencement                                                                                                                                                                                                                     4
                   5. INSURABLE  DOMESTIC  BUILDING  CONTRACTS (WARRANTY INSURANCE)                                                                                                                                                                                                  5
                   5.1  Definitions                                                                                                                                                                                                                                                  5
                   5.2  Application to this contract                                                                                                                                                                                                                                 5
                   5.3  Before the Builder may enter an insurable domestic building contract                                                                                                                                                                                         5
                   5.4  Alternative to clause 5.3                                                                                                                                                                                                                                    5
                   5.5  Costs of warranty insurance                                                                                                                                                                                                                                  6
                   6. GENERAL INSURANCE                                                                                                                                                                                                                                              6
                   6.1 Builder's obligation to comply with WorkCover requirements                                                                                                                                                                                                    6
                   6.2 Contract works policy to be provided by Builder                                                                                                                                                                                                               6
                   6.3 Public liability insurance to be provided by Builder                                                                                                                                                                                                          6
                   6.4 Public liability insurance to be in joint names and for specified amount                                                                                                                                                                                      6
                   6.5 No responsibility on Builder if injury, death, loss or damage caused by Owner                                                                                                                                                                                 6
                   6.6 Evidence of policies to be provided by the Builder upon written request                                                                                                                                                                                       6
                   7. THE LAND                                                                                                                                                                                                                                                       7
                   7.1 Evidence of title to the land                                                                                                                                                                                                                                 7
                   7.2 Licenses                                                                                                                                                                                                                                                      7
                   7.3 Consents by registered proprietors                                                                                                                                                                                                                            7
                   7.4 Fundamental breaches (etc)                                                                                                                                                                                                                                    7
                   7.5 All-weather access for vehicles                                                                                                                                                                                                                               7
                   7.6 Owner’s right to view the works upon request                                                                                                                                                                                                                  8
                   7.7 Identification of land to be provided by Owner                                                                                                                                                                                                                8
                   7.8 Evidence of boundaries or position of the land to be provided by Owner                                                                                                                                                                                        8
                   7.9 Owners failure to provide evidence of boundaries or position of the land                                                                                                                                                                                      8
                   7.10 Available services and facilities to be provided by Owner during construction                                                                                                                                                                                8
                   8. COMMENCEMENT DATE AND COMPLETION DATE                                                                                                                                                                                                                          8
                   8.1 Commencement date                                                                                                                                                                                                                                             8
                   8.2 Commencement notice                                                                                                                                                                                                                                           9
                                                            Owner(s)                 Initials                                                                                               Builder’s Initials 
                                                                                                              hader                    heade
                                                                                                              \\signer3_init           \\signer4_init
                                                            \\signer1_init           \\signer2_init                                                                                         \\builder_init
                                                                                                              ________                 ________
                                                            ________                 ________                                                                                               ________________________
                   HC-7 (2018)                                                                                                                                                                                                                                                       2
                   8.3 Reasonable allowances are included for certain delays                                                                                                                                                                                                         9
                   8.4 Works to be completed by the completion date                                                                                                                                                                                                                  9
                   9. PRIME COST ITEMS AND PROVISIONAL SUMS                                                                                                                                                                                                                          9
                   9.1 Provisional sums warranty                                                                                                                                                                                                                                  10
                   9.2 Owner to provide directions relating to prime cost items or provisional sums                                                                                                                                                                               10
                   9.3 Where a prime cost item is unavailable                                                                                                                                                                                                                     10
                   9.4 If Owner fails to specify alternative prime cost                                                                                                                                                                                                           10
                   9.5 Amounts not fully expended on prime cost items or provisional sums                                                                                                                                                                                         10
                   9.6 Contract price to be adjusted for amount expended in excess of prime cost item or provisional 
                                    sum allowed                                                                                                                                                                                                                                   10
                   9.7 Prime cost allowance made includes the cost of supply and delivery                                                                                                                                                                                         10
                   9.8 Amount for installation, Builder’s profit and overheads is included in the contract price                                                                                                                                                                  10
                   9.9 Builder to provide copies of invoices, receipts etc to the Owner                                                                                                                                                                                           11
                   10. BUILDERS OBLIGATIONS                                                                                                                                                                                                                                       11
                   10.1 The Builder’s Warranties                                                                                                                                                                                                                                  11
                   10.2 No liability for breach of a warranty if breach already known to Owner                                                                                                                                                                                    11
                   10.3 Written progress claims and final claim to Owner                                                                                                                                                                                                          11
                   10.4 Each progress claim and the final claim to show certain details                                                                                                                                                                                           12
                   10.5 If any materials are unavailable Builder will notify Owner                                                                                                                                                                                                12
                   11. OWNER’S OBLIGATIONS                                                                                                                                                                                                                                        12
                   11.1 Evidence of capacity to pay the contract price                                                                                                                                                                                                            12
                   11.2 Continuing obligation upon Owner to provide evidence of capacity to pay                                                                                                                                                                                   12
                   11.3 Builder may request evidence of capacity to pay during the contract                                                                                                                                                                                       12
                   11.4 Owner’s obligation if capacity to pay is reduced or ceases                                                                                                                                                                                                12
                   11.5 Owner’s obligation to pay the contract price                                                                                                                                                                                                              13
                   11.6 Owner’s obligation to pay deposit                                                                                                                                                                                                                         13
                   11.7 Limits on deposit payable by the Owner                                                                                                                                                                                                                    13
                   11.8 Owner to pay progress payments                                                                                                                                                                                                                            13
                   11.9 Owner to pay progress claims within the stated period                                                                                                                                                                                                     13
                   11.10 Interest payable on outstanding payments                                                                                                                                                                                                                 13
                   11.11 Materials supplied by Owner to be good and suitable for their purpose                                                                                                                                                                                    14
                   11.12 Any plans or specifications supplied by Owner to be accurate and sufficient number of copies 
                                    to be provided                                                                                                                                                                                                                                14
                   11.13 Foundations data provided by Owner to be accurate and may be relied upon by the Builder                                                                                                                                                                  14
                   11.14 Owner’s obligation not to interfere                                                                                                                                                                                                                      14
                   11.15 Owner to act in furtherance of program                                                                                                                                                                                                                   15
                   11.16 Owner’s obligation to appoint private building surveyor                                                                                                                                                                                                  15
                   12. VARIATIONS BY THE OWNER                                                                                                                                                                                                                                    15
                   12.1 Notice required when Owner requests a variation                                                                                                                                                                                                           15
                   12.2 Builder not obliged to perform variation but may agree to do so                                                                                                                                                                                           15
                   12.3 Builder to provide notice to Owner in certain circumstances                                                                                                                                                                                               15
                   12.4 Builder not to commence variation until certain matters satisfied                                                                                                                                                                                         16
                   12.5 If variation decreases contact price, adjustment to be made in the next progress claim or the 
                                    final claim                                                                                                                                                                                                                                   16
                   12.6 Owner to pay deposit for a variation in certain circumstances                                                                                                                                                                                             16
                   12.7 Builder under no obligation to commence any variation until Owner provides the required deposit 
                                    and evidence of capacity to pay                                                                                                                                                                                                               17
                   12.8 Owner’s obligation to pay for variation                                                                                                                                                                                                                   17
                                                            Owner(s)                 Initials                                                                                               Builder’s Initials 
                                                                                                              hader                    heade
                                                                                                              \\signer3_init           \\signer4_init
                                                            \\signer1_init           \\signer2_init                                                                                         \\builder_init
                                                                                                              ________                 ________
                                                            ________                 ________                                                                                               ________________________
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...Hc master builders association of victoria new homes contract where the price is more than must be completed in english between oakwood plains p l t as g j gardner geelong builder and owner s copy delete applicable both should retain a fully executed this ocopyright all rights are reserved no part publication may reproduced copied stored retrieval system distributed or transmitted any form by means including photocopying scanning other mechanical electronic methods without prior written permission copyright holder warning notice only if wishes to withdraw from within cooling off period statutory notices required section domesticbuilding contracts act you end five clear business days after receipt signed filling below giving it one following ways personally leaving at his her address set out with person who appears least years old sending pre paid certified mail facsimile number detach along dotted line that ended an cannot under have previously entered into major domestic building subs...

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