sch.1B-sec.31Foundations data

### sch.1B-sec.31 Foundations data This section applies if the subject work proposed for a regulated contract— requires the construction or alteration of footings, or a concrete slab, for a building; or may adversely affect the footings of a building or a concrete slab forming part of a building. Before entering into the contract, the building contractor must obtain the foundations data that is appropriate for the building site, having regard to the following— the Building Code of Australia; the need for a drainage plan; the need for engineer’s drawings and computations; the need for information on the fall of the land at the building site. Maximum penalty—100 penalty units. However, subsection (2) does not apply if— the building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and the contract guarantees that there will be no increase in the contract price because of the foundations data. Nothing in subsection (2) requires a building contractor to commission the preparation of foundations data to the extent the data already exists and it is reasonable for the building contractor to rely on the data. The building contractor must give a copy of any foundations data obtained by the building contractor for this section to the building owner on payment by the building owner of the costs incurred by the building contractor in obtaining the data. Maximum penalty—10 penalty units. Subsection (5) does not apply to a building contractor for foundations data if the data is given to the building contractor by the building owner. In a proceeding for a contravention of subsection (5) in relation to a copy of any foundations data, it is a defence for the building contractor to prove that the building contractor reasonably believes the building owner already has a copy of the data. The building contractor under a regulated contract can not seek from the building owner an amount not already provided for in the contract if— the building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and the need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection. For subsection (8) , an amount is not taken to be provided for in a regulated contract only because the contract contains a provision allowing for an increase to be made of the contract price. Nothing in this section prevents the building contractor from claiming an amount not provided for in the contract if— the building contractor has complied with subsection (2) ; and the need for the additional amount can not be established from the foundations data obtained by the building contractor. sch 1B s 31 ins 2014 No. 57 s 60 (sch.1B-sec.31-ssec.1) This section applies if the subject work proposed for a regulated contract— requires the construction or alteration of footings, or a concrete slab, for a building; or may adversely affect the footings of a building or a concrete slab forming part of a building. (sch.1B-sec.31-ssec.2) Before entering into the contract, the building contractor must obtain the foundations data that is appropriate for the building site, having regard to the following— the Building Code of Australia; the need for a drainage plan; the need for engineer’s drawings and computations; the need for information on the fall of the land at the building site. Maximum penalty—100 penalty units. (sch.1B-sec.31-ssec.3) However, subsection (2) does not apply if— the building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and the contract guarantees that there will be no increase in the contract price because of the foundations data. (sch.1B-sec.31-ssec.4) Nothing in subsection (2) requires a building contractor to commission the preparation of foundations data to the extent the data already exists and it is reasonable for the building contractor to rely on the data. (sch.1B-sec.31-ssec.5) The building contractor must give a copy of any foundations data obtained by the building contractor for this section to the building owner on payment by the building owner of the costs incurred by the building contractor in obtaining the data. Maximum penalty—10 penalty units. (sch.1B-sec.31-ssec.6) Subsection (5) does not apply to a building contractor for foundations data if the data is given to the building contractor by the building owner. (sch.1B-sec.31-ssec.7) In a proceeding for a contravention of subsection (5) in relation to a copy of any foundations data, it is a defence for the building contractor to prove that the building contractor reasonably believes the building owner already has a copy of the data. (sch.1B-sec.31-ssec.8) The building contractor under a regulated contract can not seek from the building owner an amount not already provided for in the contract if— the building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and the need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection. (sch.1B-sec.31-ssec.9) For subsection (8) , an amount is not taken to be provided for in a regulated contract only because the contract contains a provision allowing for an increase to be made of the contract price. (sch.1B-sec.31-ssec.10) Nothing in this section prevents the building contractor from claiming an amount not provided for in the contract if— the building contractor has complied with subsection (2) ; and the need for the additional amount can not be established from the foundations data obtained by the building contractor. - (a) requires the construction or alteration of footings, or a concrete slab, for a building; or - (b) may adversely affect the footings of a building or a concrete slab forming part of a building. - (a) the Building Code of Australia; - (b) the need for a drainage plan; - (c) the need for engineer’s drawings and computations; - (d) the need for information on the fall of the land at the building site. - (a) the building contractor is not lawfully entitled to enter the land at the building site to obtain the foundations data before entering into the contract; and - (b) the contract guarantees that there will be no increase in the contract price because of the foundations data. - (a) the building contractor entered into the contract before obtaining the foundations data under subsection (2) ; and - (b) the need for the additional amount could reasonably have been established, and the amount calculated, had the building contractor complied with the subsection. - (a) the building contractor has complied with subsection (2) ; and - (b) the need for the additional amount can not be established from the foundations data obtained by the building contractor.