Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 30

Builder must obtain information concerning foundations

30. Builder must obtain information concerning foundations



(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 Australia10; 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