1. PLANS AND SPECIFICATIONS

1.1 The Owner agrees:

(a) that it has reviewed the Plans and Specifications;

(b) to notify the Contractor immediately if it has any concerns with the Plans and Specifications; and

(c) that the Contractor may be required to make any necessary amendments or adjustments to the Plans and Specifications required to comply with any applicable Legislative Requirements and/or the requirements of any Authority or Approval (including the Building Approval).

1.2 If there is any discrepancy, ambiguity or inconsistency in or between the documents comprising the Contract, the Owner will direct the Contractor as to which requirement will apply and the Contractor will be entitled to claim a Variation under clause 12.1.

2. THE WORKS

2.1 The Contractor must:

(a) carry out the Works from the Start Date with due expedition and bring the Works to Practical Completion by the Date for Practical Completion;

(b) if and only if the Contract Sum is $20,000 or more, within 10 Business Days of starting the Works at the Site, give the Owner a commencement notice signed by the Contractor and stating:

(1) the date the Works started at the Site; and

(2) the Date for Practical Completion;

(c) carry out the Works in accordance with the Contract and all applicable Legislative Requirements (except to the extent any failure to comply with a Legislative Requirement is caused by the Owner or its Personnel); and

(d) obtain the Approvals required to be obtained by the Contractor as agreed between the Parties prior to entering into this Contract (and the Owner will provide the Contractor with reasonable assistance to enable the Contractor to comply with this clause).

2.2 The Owner must:

(a) obtain any Approvals required for the Contractor to carry out the Works (other than the Approvals required to be obtained by the Contractor in accordance with clause 2.1(d)); and

(b) lodge an enquiry with Dial Before You Dig (DBYD) at least 2 Business Days before the Start Date and provide any plans and/or documentation received by DBYD (DBYD Documentation) to the Contractor.

2.3 If a Legislative Requirement (or a new or amended Legislative Requirement) comes into effect after the Contractor issued its quotation for the Works, and:

(a) requires a change to the Contract or the Works; 

(b) causes delay or disruption to the Works; or 

(c) results in the Contractor incurring any additional cost than it otherwise would have incurred but for the Legislative Requirement (or new or amended Legislative Requirement), 

the Contractor will be entitled to claim a Variation under clause 12.1.

2.4 Until Practical Completion is achieved, the Contractor will be responsible for all loss of, or damage to the Works, except to the extent caused or contributed to by an Excluded Risk.

2.5 Any goods, materials, items of plant or equipment issued to the Contractor by the Owner will remain the sole and unencumbered property of the Owner.

3. STATUTORY WARRANTIES

3.1 To the extent required by Schedule 1B of the QBCC Act, the Contractor warrants that:

(a) the Works will be carried out in an appropriate and skilful way and with reasonable care and skill and reasonable diligence;

(b) all materials supplied will be of good quality and suitable for the purpose for which they are used having regard to the Relevant Criteria, and that all materials used will be new unless the Contract expressly provides otherwise.

“Relevant Criteria” means:

(1) generally accepted practices or standards applied in the building industry for the materials; or

(2) specifications, instructions or recommendations of manufacturers or suppliers of the materials;

(c) the Works will be carried out in accordance with all relevant Legislative Requirements including, for example, the Building Act 1975 (Qld);

(d) the Works will be carried out in accordance with any plans and specifications which form part of the Contract (including those at Attachment 1); and

(e) if the Works consists of the erection or construction of a detached dwelling to a stage suitable for occupation or is intended to renovate, alter, extend, improve or repair a home to a stage suitable for occupation, that the detached dwelling or home will be suitable for occupation when the Works are finished.

3.2 Without limiting any other warranty under the Contract, the Contractor shall ensure that, so far as reasonably practicable:

(a) a building product associated with the Works is not a non-conforming building product for an intended use; and

(b) the Owner is given all information about the building product required by section 74AG(4) of the QBCC Act.

3A.​SEPARATE WARRANTIES

3A.1​The Contractor may, in its discretion, offer the Owner warranties with respect to the Work and these may be attached at Attachment 3. 

3A.2​Any warranties referred to in this clause 3A are subject to clause 3A.3 and will be governed by the terms of the relevant warranty and the Contract. The Owner agrees that any directions, acts or use by the Owner referred to in clause 3A.3 may void any warranty referred to in this clause 3A.

3A.3​If, prior to commencing the Works, the Contractor advises the Owner that any Underpinning Work is required, the Owner, at its cost, agrees to engage a third-party builder to undertake the Underpinning Work. Any warranty provided by this clause 3A is voided to the extent that the Owner fails to have the Underpinning Work undertaken following a recommendation from the Contractor.

4. AUSTRALIAN CONSUMER LAW

4.1 Certain legislation, including the QBCC Act and the Australian Consumer Law, and similar consumer protection laws and regulations, may confer the Owner with rights, warranties, guarantees and remedies relating to the carrying out of the Works by the Contractor to the Owner which cannot be excluded, restricted or modified (Consumer Law Rights).

4.2 Nothing in the Contract excludes the Owner’s Consumer Law Rights (including if the Australian Consumer Law applies to the Owner as a consumer).

4.3 Subject to the Owner’s Consumer Law Rights, the Contractor excludes all express and implied warranties, and all materials, works and services (including the Works) are provided to the Owner without warranties of any kind, either express or implied, whether in statute, under any Legislative Requirement or on any other basis, except where expressly set out in this Contract.

4.4 This clause 4 will survive the termination or expiry of the Contract.

5. SITE ACCESS

The Owner must procure and provide to the Contractor access to the Site (and any areas, places or lands adjacent to, or around, the Site) sufficient to allow the Contractor to carry out the Works and to perform its obligations under the Contract.

6. SITE CONDITIONS

6.1 Upon becoming aware of a Latent Condition, the Contractor will give the Owner written notice of the general nature of the Latent Condition and, if reasonably required by the Owner, the Contractor’s assessment of the additional work, resources, time and cost which the Contractor estimates will be necessary to deal with the Latent Condition.

6.2 The Owner will direct the Contractor as to how to deal with the Latent Condition, and the delay, disruption and cost effects of:

(a) the Contractor’s compliance with this clause 6;

(b) the Latent Condition; and 

(c) the Contractor complying with a direction given by the Owner under this clause 6,

and the Contractor will be entitled to claim a Variation under clause 12.1.

7. FOUNDATIONS DATA

7.1 The Contractor will be entitled to claim an additional amount under the Contract (as a Variation under clause 12.1) for Works involving excavation, footings or a slab, if:

(a) the Contractor had the Foundations Data as by the date of the Contract; and

(b) the need for the additional amount could not reasonably have been established (and the amount calculated), had the Contractor had the Foundation Data by the date of the Contract.

7.2 The Contractor has no entitlement to claim an additional amount under the Contract as a Variation in respect of extra excavations and foundations where the need for the Variation has arisen due to the Contractor failing to obtain the appropriate Foundation Data before entering into the Contract. 

8. LIABILITY AND INDEMNITY

8.1 The Excluded Risks for which the Contractor is not responsible or liable, and for which the Owner is responsible and liable under the Contract are:

(a) any loss or damage which is the unavoidable consequence of carrying out the Works in accordance with the Contract;

(b) any act or omission of the Owner or its Personnel;

(c) any work or services carried out or performed by or on behalf of the Owner or any of its Personnel and the effects of those works or services;

(d) use or occupation of any part of the Works by the Owner or its Personnel;

(e) any error, defect, omission, deficiency, inconsistency or ambiguity in or between the documents comprising the Contract, to the extent the documents were prepared by (or on behalf of) the Owner;

(f) any loss or damage to property, utilities or services (including underground utilities or services) or the like, arising from or in connection with your failure to comply with clause 2.2(b), or where such loss or damage arises to property, utilities or services (including underground utilities or services) which are shown in the DBYD Documentation, but such loss or damage could not have been foreseen by the Contractor (for example, where utilities or services are actually located in different locations from those shown in the DBYD Documentation);

(g) any Latent Condition, excluding the Works the subject of any Variation to deal with a Latent Condition under clause 6.2, for which the Contractor will remain responsible and liable; and

(h) any other event which is outside the reasonable control of the Contractor.

8.2 In the event of any loss or damage being caused or contributed to by any one or more of the Excluded Risks, the Contractor will, to the extent directed by the Owner, rectify the loss or damage and such rectification will be entitled to claim a Variation under clause 12.1. If the Owner does not issue a direction under this clause 8.2, the Contractor’s warranties and obligations under the Contract will be adjusted to account for the consequent Defects in the Works.

8.3 Without limiting clause 8.2, to the maximum extent permitted by law, the Owner is liable for and indemnifies the Contractor for and against any loss or damage suffered or incurred by the Contractor as a result of an Excluded Risk, except this indemnity will be reduced to reflect the extent to which such loss or damage was caused or contributed to by the act or omission (including a failure to mitigate) of the Contractor or its Personnel.

8.4 This clause 8 will survive termination or expiry of the Contract.

9. LIMITATION OF LIABILITY

9.1 Notwithstanding any other provision of the Contract to the contrary, to the maximum extent permitted by law:

(a) the Contractor’s aggregate liability for all Liability under or in connection with the Contract, the Works or the subject matter of the Contract [(including for liquidated damages under clause 16)], will be limited to, and must not exceed 100% of the Contract Sum;

(b) a Party’s liability for any Liability under the Contract will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including a failure to mitigate by the other Party (or any of its Personnel) to mitigate the relevant Liability; and

(c) neither Party will be liable for any Consequential Loss.

9.2 This clause 9 will survive termination or expiry of the Contract.

10. INSURANCE

10.1 The Contractor must effect and maintain the insurances in the amount and for the period set out in the Schedule.

10.2 Upon reasonable request by the Owner, and otherwise as required by any Legislative Requirement, the Contractor must provide the Owner with certificates of currency as evidence of the Contractor’s compliance with clause 10.1.

10.3 Without limiting the Contractor’s insurance obligations under clause 10.1, the Owner must ensure the Site is, at all times,properly insured against loss or damage (including loss or damage to the Works or the Owner’s belongings and contents at the Site from after the Date of Practical Completion).

11. PAYMENT

11.1 The Owner must pay the Contractor the Contract Sum, and all other amounts payable under the Contract, in accordance with the Contract.

11.2 The Contractor may submit a claim for payment to the Owner at the stages of the Works set out in the Schedule (Payment Claim).

11.3 Within 10 Business Days after receiving the Payment Claim, the Owner must pay the Contractor the amount set out in the relevant Payment Claim.

11.4 If the Owner defaults in making a payment that is due and payable to the Contractor in accordance with the Contract, it will pay interest on the overdue amount at the rate of 18% per annum.

12. VARIATIONS

12.1 Within a reasonable period after receipt of a direction or instruction to perform a Variation (or becoming aware of an entitlement to a Variation otherwise provided for under the Contract), the Contractor will provide an estimate of the impact of the Variation on the Contract Sum and the Date for Practical Completion.

12.2 The Parties must agree to a Variation in writing, before the Contractor is required to carry out the relevant Works, the subject of the Variation, including the adjustments to the Contract Sum and Date for Practical Completion. The Parties will use their reasonable endeavours to agree on the adjustment to the Contract Sum and Date for Practical Completion for anyVariation.

12.3 The Contractor must give the Owner a copy of the Variation in writing, before the earlier of:

(a) 5 Business Days from the date the Parties agreed to the Variation under clause 12.2; and

(b) the Works the subject of the Variation commencing.

12.4 The document evidencing the Variation, required to be provided under clause 12.3, must:

(a) be readily legible; 

(b) describe the Variation; 

(c) state the date of the request for the Variation; 

(d) if the Variation will result in a delay affecting the Works, states the building contractor’s reasonable estimate for the period of delay; 

(e) state the change to the Contract Sum because of the Variation, or the method for calculating the change to the Contract Sum because of the variation;

(f) if the Variation results in an increase in the Contract Sum, state when the increase is to be paid (which must not be claimed by the Contractor before the Works the subject of the Variation commence); and

(g) if the Variation results in a decrease in the Contract Sum, state when the decrease is to be accounted for.

13. DELAYS

13.1 The Contractor may claim an extension of time to the Date for Practical Completion of the Works, if the Works are or will likely be delayed by:

(a) an industrial dispute or action;

(b) a Latent Condition;

(c) an Excluded Risk;

(d) delays by Authorities;

(e) any act or omission of an owner, user or occupier of adjoining land or sites;

(f) inclement weather, flooding or fire and the effects of inclement weather, flooding or fire;

(g) the Owner or its Personnel; or

(h) any Variation under the Contract.

13.2 The Contractor must give the Owner a written claim for an extension of time within 10 Business Days of the Contractor becoming aware of the cause and extent of the delay or when the Contractor reasonably ought to have become aware of the cause and extent of the delay.

13.3 The Contractor will be entitled to an extension of time to the Date for Practical Completion of the Works if it has complied with this clause 13 and the Owner approves the claim issued under clause 13.2.

13.4 The Contractor must give the Owner a signed copy of a claim for an extension of time within 5 Business Days of the Owner approving the claim.

14. [DELAY COSTS – PAYABLE BY THE OWNER

To the maximum extent permitted by law, the Contractor may claim, and the Owner must pay, Delay Costs for each day the Date for Practical Completion is extended in accordance with clause 13 for a Compensable Delay.]

15. PRACTICAL COMPLETION

15.1 When the Contractor considers that Practical Completion has been achieved it must notify the Owner and the Parties will jointly inspect the Works.

15.2 The Owner will notify the Contractor within [2] Business Days of the inspection either: 

(a) nominating the date on which Practical Completion was achieved; or

(b) listing the Defects that need to be completed before Practical Completion can be achieved.

15.3 Where the Owner fails to jointly inspect the Works or fails to give notice within the time specified under clause 15.1, Practical Completion will be deemed to have occurred. 

15.4 Notwithstanding that the Contractor has not given notice under clause 15.1, the Owner can issue a notice nominating the date on which Practical Completion has been achieved.

16. [LIQUIDATED DAMAGES

16.1 If Practical Completion is not achieved by the Date for Practical Completion, the Contractor must pay to the Owner, on demand, liquidated damages for each day commencing the day after the Date for Practical Completion until (and including) the earlier of the date Practical Completion is achieved and the Contract is terminated.

16.2 Liquidated damages are the Contractor’s sole and exclusive liability, and the Owner’s sole and exclusive remedy and entitlement, in connection with any delay or disruption in the progress and completion of the Works.

16.3 If the Owner directs an extension to the Date for Practical Completion after the Contractor has paid liquidated damages under this clause 16 the Owner will immediately repay to the Contractor the amount of liquidated damages that represent the days by which the Date for Practical Completion was extended.]

17. DEFECTS

17.1 The Contractor must rectify any Defects which arise prior to the expiry of the Defects Liability Period.

17.2 Upon expiry of the Defects Liability Period, the Contractor may issue its final Payment Claim (Final Payment Claim), in accordance with clause 13. Subject to the Owner’s Statutory Rights, the Owner’s payment of the Final Payment Claim will be conclusive evidence of the Contractor’s satisfaction of its obligations under the Contract.

17.3 The Parties acknowledge and agree that nothing in this clause 17 limits or affects any of the Owner’s Consumer LawRights.

18. INTELLECTUAL PROPERTY

18.1 As between the Parties: 

(a) the Contractor owns all Intellectual Property Rights in the Contractor’s Materials; and 

(b) the Owner owns all Intellectual Property Rights in the Owner’s Materials,

and nothing in the Contract constitutes a transfer or assignment of any Intellectual Property Rights in the Contractor’s Materials or the Owner’s Materials.

18.2 As between the Parties, ownership of all Intellectual Property Rights in any New Materials or Improvements will at all times vest, or remain vested, in the Contractor upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials and/or Improvements do not automatically vest in the Contractor, the Owner agrees to do all things reasonably necessary or desirable to assure the Contractor’s title to such rights.

18.3 The Contractor grants to the Owner a world-wide, royalty-free, irrevocable and sub-licensable licence to use the Contractor’s Materials, the New Materials and the Improvements, solely for the purposes for which they were developed.

18.4 The Owner warrants that the Contractor’s use of the Owner’s Materials, the New Materials and the Improvements in accordance with the Contract will not infringe any Intellectual Property Rights and indemnifies the Contractor for any such infringement.

19. CONTRACTOR’S BREACH

19.1 Under this clause, Contractor’s Breach means:

(a) a failure to provide evidence of insurance under clause 10; 

(b) a material breach of the Contract; or

(c) abandonment of the Works.

19.2 In the event of a Contractor’s Breach, the Owner may give the Contractor a written direction requiring the remedy of the breach or, where it is not capable of being remedied, requiring the Contractor to overcome the effects of the breach, within a reasonable time (which must not be less than 10 Business Days).

19.3 If, by the time specified in the written direction, the Contractor fails to remedy the breach or otherwise overcome the effects of the breach, the Owner may, after giving 10 Business Days’ prior written notice to the Contractor, take the Works out of the hands of the Contractor (in whole or in part) or otherwise terminate the Contract. 

20. OWNER’S BREACH

20.1 Under this clause, Owner’s Breach means:

(a) a failure to provide access to the Site in accordance with clause 5;

(b) a material breach of the Contract; or

(c) a failure to make a payment due and payable pursuant to the Contract.

20.2 In the event of an Owner’s Breach, the Contractor may give the Owner a written direction requiring the remedy of the breach within a reasonable time (which must not be less than 10 Business Days).

20.3 If, by the time specified in the written direction, the Owner fails to remedy the breach, the Owner may by written notice to the Owner:

(a) suspend the Works until the breach is remedied; and

(b) if the suspension continues for a period of 14 days, terminate the Contract.

20.4 If the Contractor exercises its rights under clauses 20.3, then any resulting costs or loss incurred by the Contractor will be a debt due and immediately payable from the Owner to the Contractor.

21. TERMINATION

21.1 On termination of these Terms, the Owner agrees:

(a) that any amounts paid for Works carried out by the Contractor are non-refundable, provided that in relation to such amounts the Contractor has claimed payment in accordance with any applicable Legislative Requirements;

(b) to pay all amounts due and payable to the Contractor under the Contract up to the date of termination, as a debt immediately due and payable; and

(c) to return or give the Contractor access to recover all property belonging to the Contractor on request (including any Intellectual Property or Confidential Information), and to give the Contractor or its Personnel such rights of access necessary to exercise the Contractor’s rights under this clause.

21.2 The accrued rights, obligations and remedies of the Parties are not affected by termination of the Contract.

22. DISPUTE RESOLUTION

22.1 If a dispute or difference arises out of or in connection with the Contract (Dispute), either Party may give notice to the other Party setting out the details of the Dispute (Notice of Dispute).

22.2 Within 5 Business Days of receiving the notice of Dispute, the Parties must meet to resolve the Dispute.

22.3 If the Parties do not resolve the Dispute within 15 Business Days of receipt of the Notice of Dispute, the Dispute may be referred to litigation.

22.4 Nothing in this clause 22 will prejudice the right of either Party to institute proceedings to seek injunctive or urgent declaratory relief.

23. ASSIGNMENT 

Neither Party may, without the written approval of the other Party (such approval not to be unreasonably withheld), assign or novate any payment, benefit or interest under the Contract. 

24. CONFIDENTIALITY

The Parties must keep the terms of the Contract, and any information or documentation provided to the Parties in connection with the Contract, confidential, and may only use such information for the purpose of performing their respective obligations under the Contract or as otherwise required by law.

25. GST

25.1 Each time a taxable supply is made by the Contractor to the Owner, the Contractor must, before the Owner makes payment for the supply, provide the Owner with a tax invoice which complies with the GST legislation for that supply.

25.2 Except expressly stated in the Contract, all amounts payable to the Contractor do not include an amount on account of GST.

26. NOTICES

26.1 A notice (and other documents) will be deemed to have been given if addressed or delivered by hand, mail or email to the relevant address in the Schedule or last communicated in writing to the person giving the notice.

26.2 A notice will be deemed to have been received:

(a) by hand delivery, upon delivery;

(b) by post, 3 Business Days after post; and

(c) if by email, the earlier of a human-generated response acknowledging receipt of the email or the expiration of 12 hours after sending.

27. FORCE MAJEURE

The Contractor will not be liable for any delay or failure to perform its obligations under the Contract if such delay or failure is due to any circumstance beyond its reasonable control.

28. GOVERNING LAW

The Contract is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

29. SURVIVAL

29.1 Each clause of the Contract, which by its nature survives termination, survives termination of the Contract.

30. INTERPRETATION

30.1 The Schedule, these General Conditions and all attachments or documents attached to these General Conditions constitute the entire agreement between the Parties (Contract).

30.2 The Contract comes into existence when the Parties execute the Contract (including electronically).

30.3 In the Contract, unless expressed otherwise:

(a) a reference to a person includes a corporation, joint venture, association, company or other body corporate and any governmental agency;

(b) if a Party comprises two or more persons, each of them must be jointly and severally bound by the provisions of the Contract; and

(c) the words “including” and “includes” will be read as if followed by the words “without limitation”.

30.4 If the time for doing anything under the Contract falls on a day that is not a Business Day, the time will be deemed to be the next Business Day.

30.5 In the Contract, defined terms have the meanings given in the Schedule, and: 

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. 

Approvals means the approvals for the Works, including the Building Approval.

Authority means all Commonwealth, State and local government councils, parliaments, departments, offices, bodies and instrumentalities and all public or statutory bodies, corporations, instrumentalities, authorities, persons or entities (including utilities) which govern, regulate, control or affect any aspect of Works.

Building Approval means the relevant building approval for the Works.

Business Day means any day other than a Saturday, Sunday, or a public holiday in Queensland.

Consequential Loss includes any consequential, special or indirect loss, including real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. For the avoidance of doubt, Consequential Loss does not include payment of the Contract Sum by the Owner.

Consumer Building Guide means the guide at Attachment 2 (if applicable).

Consumer Law Rights has the meaning given in clause 4.1.

Contract has the meaning given in clause 30.1.

Contract Sum means the amount set out in the Schedule, as adjusted under the Contract.

Contractor’s Breach has the meaning given in clause 19.1.

Contractor’s Materials means all work, models, processes, technologies, strategies, materials, information, documentation, Plans and Specifications and services that the Contractor may provide to the Owner under the Contract, and which may contain material which is owned by or licensed to the Contractor, and is protected by Australian and international laws.

Date for Practical Completion means the date so described in the Schedule, as adjusted in accordance with the Contract. 

Date of Practical Completion means the date on which Practical Completion was achieved, in accordance with clause 15,or as determined under any dispute resolution process under the Contract.

DBYD has the meaning given in clause 2.2(b).

DBYD Documentation has the meaning given in clause 2.2(b).

Defects means any aspect of the Works which does not comply with the Contract due to the Contractor’s default.

Defects Liability Period means the period for rectification of Defects set out in the Schedule.

Dispute has the meaning given in clause 22.1.

Excluded Risk has the meaning given in clause 8.1.

Foundations Data means information about the Site, a building contractor exercising reasonable care and skill would need to have, to prepare:

(a) an appropriate footings design for the Site and, if appropriate, an appropriate concrete slab design for the Site; and

(b) an adequate estimate of the cost of constructing the footings and, if appropriate, concrete slab,

and includes relevant information contained in, or obtainable from, reports, surveys, test results, plans, specifications orcalculations prescribed under a regulation and other information prescribed under a regulation under the QBCC Act.

Improvements means any development, modification, adaptation or improvement of the Owner’s Materials or any New Materials made by or on behalf of either Party (or any of their respective Personnel), or in respect of which Intellectual Property Rights are acquired by, either Party during the term of the Contract.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Latent Conditions means any physical conditions on, in, under or about the Site and its surrounds.

Legislative Requirements means all applicable legislation, regulations, standards, codes, approvals, licenses, permits and requirements of Authorities, as relevant to the Works. 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to the Contract or otherwise.

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of the Contractor or the Owner or any of their respective Personnel in connection with the Contract or the Works, whether before or after the date of the Contract.

Notice of Dispute has the meaning given in clause 22.1.

Owner’s Breach has the meaning given in clause 20.1.

Owner’s Materials means all materials, information and documentation (including Intellectual Property), owned, licensed or developed by or on behalf of the Owner or its Personnel before the Start Date and/or developed by or on behalf of the Owner or its Personnel independently of the Contract.

Parties means the Contractor and the Owner, each a Party.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in the case of the Owner does not include the Contractor. 

Plans and Specifications means the plans and specifications for the Works as set out in the plan at Attachment 1.

Practical Completion means that stage in the carrying out of the Works when the Works are complete in accordance with the Contract (including all Plans and Specifications) and all statutory requirements applying to the Works, except for minor Defects which will not unreasonably prevent the Owner from occupying the Works.

Premium means the premium for the Home Warranty Insurance payable by the Owner as set out in the Schedule.

QBCC means the Queensland Building and Construction Commission.

QBCC Act means the Queensland Building and Construction Commission Act 1991 (Qld)

Schedule means the table at the start of the Contract.

Site means the site as set out in the Schedule.

Start Date means the date in the Schedule.

Underpinning Work all work or methods to strengthen the foundations of a building to allow for additional loads or to correct subsidence.

Variations means an omission, addition, change or variation to the Works and includes a change or variation to the manner of carrying out the Works.

Works means the whole of the work described in the Schedule and the Plans and Specifications, to be executed in accordance with the Contract and handed over to the Owner, and includes Variations.

30.6