Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (5) every contract is conditional upon —
(a) a
building licence being issued, in respect of the home building work included
in the contract, within 45 working days from the date of the contract;
(b)
where a condition is attached to the licence which will result in a variation
of the contract, the owner and the builder acknowledging in writing within
that period that each of them accepts that condition;
(c) it
becoming lawful under the Water Act, within 45 working days from the date
of the contract, for the home building work to be commenced; and
(d)
where a direction is given under the Water Act by the Water Corporation
(established by the Water Corporation Act 1995 ) in connection with the
carrying out of the work which will result in a variation of the contract, the
owner and the builder acknowledging in writing within that period that each of
them accepts that direction.
(2) It is a term of
every contract that —
(a) the
builder will —
(i)
do all things that are reasonably necessary to be done to
ensure that any condition referred to in subsection (1)(a) and (c)
applicable to the contract is fulfilled; and
(ii)
not unreasonably decline to accept a condition or
direction referred to in subsection (1)(b) or (d) that applies to the
contract;
(b) the
owner will —
(i)
do all such things as may be required to be done by the
owner to ensure that any condition referred to in subsection (1)(a) and
(c) applicable to the contract is fulfilled; and
(ii)
not unreasonably decline to accept a condition or
direction referred to in subsection (1)(b) or (d) that applies to the
contract.
(3) If a builder
properly submits to the relevant authorities within 20 working days after
the date of the contract all necessary applications required for the purpose
of having conditions referred to in subsection (1)(a) and (c) fulfilled,
the builder is to be taken to have complied with the builder’s
obligations under subsection (2)(a)(i).
(4) If a condition
implied by subsection (1) is not fulfilled the consequences to, and the
rights and remedies of, the parties are as set out in Schedule 1.
(5) A condition
referred to in a paragraph of subsection (1) does not apply to a
contract —
(a) to
the extent that the subject matter of the condition was completed before the
contract was entered into;
(b)
where the only work to be performed under the contract is the construction or
carrying out of associated work; or
(c) for
any other prescribed home building work.
(6) In this
section the Water Act means the
Metropolitan Water Supply, Sewerage, and Drainage Act 1909 , the
Country Towns Sewerage Act 1948 , the Country Areas Water Supply
Act 1947 or any Act passed in substitution for those Acts or any of
them and any subsidiary legislation made under any of those Acts, but does not
include any provision of any such written law that requires a licensed plumber
to give notice of intention to commence any work to the Water Corporation
(established by the Water Corporation Act 1995 ).
[Section 9 amended by No. 73 of 1995
s. 188; No. 14 of 1996 s. 4; No. 76 of 2000 s. 47;
No. 37 of 2002 s. 6.]