BRIGHT HOMES CONSTRUCTIONS PTY LTD 6/92 REBECCA DRIVE RAVENHALL VIC 3023 P: F:

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1 BRIGHT HOMES CONSTRUCTIONS PTY LTD 6/92 REBECCA DRIVE RAVENHALL VIC 3023 P: F: Building Contract & Project Specifications Client: Job Address:

2 OWNER/S JOB LOCATION

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7 OWNER/S of State Postcode A.C.N. N/A Telephone Mobile BUILDER BRIGHT HOMES CONSTRUCTIONS PTY LTD A.C.N HIA Membership No of 6/92 REBECCA DRIVE City RAVENHALL State VIC Postcode 3023 Telephone (03) Fax (03) Registered Building Practitioner CHARLIE XUEREB Reg. No. DBU SINGLE STOREY DWELLING AND GARAGE (Brief Description) as set out in the Specifications and Plans. The SPECIFICATIONS include and supplied by THE BUILDER pages that were prepared There are supplied by sheets of PLANS and they were prepared AND There are sheets in the ENGINEER'S DESIGN/S AND it/they was/were prepared by for the The LENDING BODY is 0f 1

8 INSURER: HIA INSURANCE SERVICES P.O. BOX UU MELBOURNE 3001 PH: (03) FAX: (03) Name of Insured BRIGHT HOMES CONSTRUCTIONS PTY LTD 1(a) Except for the Builder's interest in this Contract and the legal requirement for it to be arranged in respect of the Building Works, the Builder receives no benefit in relation to arranging such insurance. 1(b) The Builder further confirms that such insurance may be arranged with an insurer of the Owner's choice 2 The cost to the Owner for this insurance is $ 0 at The TITLE PARTICULARS are: Volume No: Folio No: Plan of Subdivision No Covenants, Restrictions and/or Easements on the Land N/A SIGNED OWNER/S SIGNED WITNESS: Name: Address: (If more than one Owner, all must sign) SIGNED BY OR ON BEHALF OF THE BUILDER: SIGNED WITNESS: Name: Address: DATE OF CONTRACT Day of 2

9 180 Days including the following estimates for delays: Inclement weather and the effects of inclement weather: 12 Days Weekends, Public holidays, rostered days off and other foreseeable breaks in the continuity of the work: 12 Days Other days that are reasonable having regard to the nature of the Building Work 16 days delay. The Builder has excluded from the Contract Price amounts payable to third parties in relation to the Building Works. The work or things listed below are not included in the Contract Price and the Builder's reasonable estimates of the amounts payable in respect to them are listed as follows: Item Estimate 1 Conveying connectionor installation of (a) Gas NIL (b) Electricity $ 200 Telephone $ 200 (d) Water $ NIL (e) Sewerage $ NIL 2 Issue of Planning Permit $ 0 3 Issue of Building Permit $ NIL 4 Other (a) N/A $ 0 (b) N/A $ 0 Price excluding GST GST on the above amount Contract Price including GST The Contract Price is GST inclusive 3

10 ( 5% of Contract Price) NOT REQUIRED within days of the date of this contract BUILDER within days of the date of this contract 20% per annum 7 days 4

11 20% per annum $ 240 per week 20% per annum Finance approval to be within days from the date of this Contract (14 days unless otherwise agreed) $ 240 per week BRIGHT HOMES CONSTRUCTIONS 5

12 LES PRIME COST ITEMS, FITTINGS, FIXTURES, MATERIALS ONLY MARGIN ON DETAILED DESCRIPTION OF THE ITEM QTY $ PER UNIT $ EXCESS ALLOWANCE (IF NOTHING STATED 20%) PROVISIONAL SUM ITEMS, LABOR AND MATERIALS MARGIN ON DETAILED DESCRIPTION OF THE ITEM QTY RATE $ EXCESS ALLOWANCE (IF NOTHING STATED 20%) 6

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14 PERCENTAGE OF STAGE CONTRACT PRICE AMOUNT Deposit (Refer to Clause 9) 5% $ Base Stage 10% $ Frame Stage 15% $ Lock-up Stage 35% $ Fixing Stage 25% $ Completion 10% $ TOTAL CONTRACT PRICE (Excluding Variations) 100% $ (Including Deposit) 8

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17 SCHEDULE 4 SPECIAL CONDITIONS OF THIS BUILDING CONTRACT 1 Building Owner(s) is/are to bring all services to the site to enable the Builder to connect these services to the home. (Refer to Section 1 of your New Home Building Specifications). 2 All variations requested by the Building Owner(s) and accepted by the Builder will incur an administration and re-scheduling fee of up to $ This fee will be in addition to the labour, material and supply cost of the variation. All Variations are accepted at Builders discretion 3 Any variations that require an additional payment to the Builder shall be invoiced at the next stage claim and paid together with that stage payment or earlier if requested by the Builder 4 All goods and materials and products supplied by the Building Owner(s) (which is at the Builder's discretion) to the site are at their entire risk, and no responsibility whatsoever will be accepted by the Builder, including theft or damage. The Building Owner(s) should make their own arrangements to have these items insured against any eventualities. 5 The bricks may vary from time to time in colour and face, however the Building Owner(s) accepts such variations, nevertheless the Builder will endeavour to keep any variation to a minimum. The bricks must be accepted by the Building Owner(s) as delivered by the Brick Company, providing they have been correctly ordered by the Builder. Where brickwork is adjacent to an existing structure the finish may not be the same as the rest of the dwelling. 6 All excavated soil is the property of the Building Owner(s) and will remain on site, unless otherwise stated. (Refer to Section 3 of your New Home Building Specifications). In the event of the surplus soil inhibiting the Builder's progress, it will become necessary to remove same at the Building Owner(s) cost. 7 Painting: 2 internal paint colours are included in the contract price unless otherwise noted. Any highlighting or picking out colours will be an additional charge. 8 Colour of fixtures and fittings: colour may vary from time to time for which the Building Owner(s) accepts such colour variations, providing they have been correctly ordered by the Builder. I/We:- have read and fully understand the special conditions above Builder Signature Building Owner's Signature (1) Building Owner's Signature (2) 11

18 9 Progress payments: the omission of minor items and minor defects are excluded from progress payment stages and therefore must not hold up progress payments, otherwise interest will be charged in accordance with the contract. The garage door is excluded from the definition of the lock up stage because of the very real risk of damage to it during the course of the remainder of the post lock up works. If the Building Owner(s) requires that the garage door is to be included in the lock up stage of the works then the Building Owner(s) may request the Builder in writing to include the garage door in that stage. If the Building Owner(s) so requests the Builder, the risk of damage to the garage door will remain with the Building Owner(s) from the date of installation of the garage door. 10 In order to avoid any misunderstanding in regard to this contract the following points need to be fully understood in an effort to maintain a good relationship between parties to this contract: (a) (b) It is the policy of the Builder not to enter into oral arrangements; The Building Owner(s) must not rely on any oral representations concerning any part of the works, as they must be included in the documentation or they will not be recognised. 11 Location of meters and (if applicable) sub access door: these items will be positioned at the Builder's discretion so that they comply to the respective authorities requirements 12 Rendering: some rust stains may develop over a period of time to the rendered surface, which is normally due to metal particles in the sand used in the mix. As this is beyond the control of the Builder it will therefore not be considered a defect. The Building Owner(s) accepts that this may occur. I/We:- have read and fully understand the special conditions above Builder Signature Building Owner's Signature (1) Building Owner's Signature (2) 12

19 13 Please note that appliances do not get fitted off until Handover is completed. The reason for this is to prevent theft of appliances between the completion of the works and the actual day of handover. If the Building Owner(s) requires that the appliances are to be installed prior to handover, the Building Owner(s) may request the Builder in writing to install those appliances before handover. If the Building Owner(s) so requests the Builder, the risk of loss and theft and damage to the appliances will transfer to the Building Owner(s) from the date of installation until handover is completed. 14 If the certificate of title to the property has not issued from the Land Titles Office and is not available at the date of signing of this Contract, the Contract price will be remain valid for 16 weeks from the date hereof. If the said Certificate of Title has not issued within 16 weeks and 1 day from the date of signing of the Contract, the Contract is voidable at the election of the Builder. This will also apply if there are any other delays caused outside of the Builder's control In the event that there have been no price increases, the Builder will hold the contract price. In the event that there have been price increases, the Builder will make every reasonable attempt to come to a mutually agreeable resolution in relation to a new contract price. In the event that the Builder elects to avoid and set aside the contract pursuant to this Special Condition, the Builder will be entitled to retain from the deposit monies a fair and reasonable amount on account of work done and fees reasonably incurred to the date the builder so avoids and sets aside the contract. 15 No works at all to be carried out by owner prior to handover, unless the Building Owner(s) is a licensed contractor and has entered into a written agreement with the Builder for the undertaking of the agreed works. Such an agreement will detail issues including the timing and timeframe of works, insurance, OH&S requirements, rubbish removal and penalties for delays. I/We:- have read and fully understand the special conditions above Builder Signature Building Owner's Signature (1) Building Owner's Signature (2) 13

20 16 Mediation of disputes and differences:- The Builder and the Building Owner(s) agree that all disputes and differences of whatsoever nature and howsoever arising out of or under in any way connected with this Building Contract or the performance of this Building Contract are referred to mediation. Mediation will be conducted at a date, time and place reasonably suitable and convenient to the Builder and the Building Owner(s). The role of the mediator is to assist the Builder and the Building Owner(s) to resolve such disputes and differences as may arise from time to time. 17 The contract price does not include any potential site cost including excavation, removal of rock and addition concrete required to footings over and above a standard "H" class slab. 18 The conditions and inclusions listed in both the building contract and specifications supersede the building plans/working drawings unles the condition or inclusion states as per plans." The Owner to sign here I/We:- have read and fully understand the special conditions above Builder Signature Building Owner's Signature (1) Building Owner's Signature (2) 14