New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 9)
(1) All plans and specifications for work to be done under this contract, including any variations to those plans and specifications, are taken to form part of this contract.
(2) Any agreement to vary this contract, or to vary the plans and specifications for work to be done under this contract, must be in writing signed by or on behalf of each party to this contract.
(3) This clause does not apply--(a) if the contract concerned is subordinate to a principal contract to do residential building work (for example, if the contract concerned is a contract between a licensed builder and a licensed subcontractor), or(b) if the contract concerned is made between a licensed builder doing work on premises that the licensed builder owns and a licensed trade contractor, or(c) if the contract concerned is for the doing of specialist work that is not also residential building work, or(d) to a contract for residential building work entered into between the holder of a contractor licence and a developer who is taken under section 3A (1) of the Act to be a developer who does the work, or(e) to a contract for residential building work that is required to be completed urgently so as to rectify a hazard, or potential hazard, to the health or safety of persons or to prevent substantial damage to property.
(1) All work done under this contract will comply with--(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 , including any regulation or other instrument made under that Act), and(b) all other relevant codes, standards and specifications that the work is required to comply with under any law, and(c) the conditions of any relevant development consent or complying development certificate.
(2) Despite subclause (1), this contract may limit the liability of the contractor for a failure to comply with subclause (1) if the failure relates solely to--(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or(b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes subclause (1).
(1) All plans and specifications for building components to be supplied under this contract, including any variations to those plans and specifications, are taken to form part of this contract.
(2) Any agreement to vary this contract, or to vary the plans and specifications for building components to be supplied under this contract, must be in writing signed by or on behalf of each party to this contract.
(1) All building components supplied under this contract will comply with--(a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 , including any regulation or other instrument made under that Act), and(b) all other relevant codes, standards and specifications that the work is required to comply with under any law, and(c) the conditions of any relevant development consent or complying development certificate.
(2) Despite subclause (1), this contract may limit the liability of the contractor for a failure to comply with subclause (1) if the failure relates solely to--(a) a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or(b) a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes subclause (1).