DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 30 Builder must obtain information concerning foundations

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 30

    (1)     This section applies if proposed domestic building work under a major domestic building contract will require the construction or alteration of the footings of a building, or may adversely affect the footings of a building.

    (2)     Before entering into the contract, the builder must obtain foundations data in relation to the building site on which the work is to be carried out.

Penalty:     50 penalty units.

    (3)     In this section "foundations data" means—

        (a)     the information concerning the building site that a builder exercising reasonable care and skill would need to prepare—

              (i)     a proper footings design for the site; and

              (ii)     an adequate estimate of the cost of constructing those footings; and

        (b)     any reports, surveys, test results, plans, specifications, computations or other information required by the regulations for the purposes of this section.

    (4)     In deciding whether he, she or it has obtained all the information required by subsection (2), a builder must have regard to—

        (a)     the relevant standards published by Standards Australia ^[9] ; and

        (b)     the need for a drainage plan or engineer's drawings and computations; and

        (c)     the need for information on the fall of the land on the site.

    (5)     It is not necessary for a builder to commission the preparation of foundations data under this section to the extent that such data already exists and it is reasonable for the builder to rely on that data.

    (6)     A builder must give a copy of any foundations data obtained by the builder to the building owner (unless the building owner supplied the data to the builder) on payment by the building owner of the amount owing in relation to the obtaining of that data by the builder.

Penalty:     10 penalty units.

    (7)     After entering into a major domestic building contract, a builder cannot seek from the building owner an amount of money not already provided for in the contract if the additional amount could reasonably have been ascertained had the builder obtained all the foundations data required by this section.

    (8)     Nothing in this section prevents a builder from exercising any right given by this Act to the builder to claim an amount of money not already provided for in the contract if the need for the additional amount could not reasonably have been ascertained from the foundations data required by this section.

Division 2—What contracts must, and must not, contain