Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Section 7(1)
and (2) does not apply to a variation of a contract that is made
necessary by —
(a) any
written direction lawfully given by a building surveyor or other person acting
under a written law; or
(b)
circumstances that could not reasonably have been foreseen by the builder at
the time when the contract was entered into,
if the builder gives
to the owner, within the time allowed by subsection (2), a statement
setting out the reason for, and the cost to be incurred on account of, the
variation and a copy of any direction referred to in paragraph (a).
(2) A statement under
subsection (1) must be given within 10 working days after the
builder —
(a)
received notice of the direction under paragraph (a); or
(b)
became aware, or should reasonably have become aware, of the circumstances
referred to in paragraph (b),
of that subsection, as
the case may be.
(3) Where a statement
is given to the owner by the builder for the purposes of paragraph (b) of
subsection (1) and the owner considers that the variation is not one to
which that subsection applies the owner cannot apply for relief in that
respect under section 17 unless, notwithstanding subsection (2) of
that section, he or she makes the application within 10 working days
after the statement was given to the owner.
(4)
Subsection (1)(b) does not enable a builder to vary a contract, except in
accordance with section 7(1) and (2) or 13(4) or clause 4 of
Schedule 1, by reason only of an increase in the costs of labour
(including related overhead expenses) or materials, or both, to be incurred by
the builder.
(5) In
subsection (1)(a) —
building surveyor means the employee of the local
government who exercises the powers of building surveyor in the local
government district.
[Section 8 amended by No. 14 of 1996
s. 4; No. 76 of 2000 s. 46.]