sch.1B-sec.40Variations must be in writing

### sch.1B-sec.40 Variations must be in writing This section applies if there is to be a variation of a regulated contract. The building contractor must give the building owner a copy of the variation in writing before the first of the following happens— 5 business days elapse from the day the building contractor and the building owner agree to the variation; any domestic building work the subject of the variation starts. Maximum penalty—20 penalty units. The building contractor may give the building owner the variation under subsection (2) — personally; or by sending it by post, facsimile or email; or in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor. In a proceeding for a contravention of subsection (2) , it is a defence for the building contractor to prove that— the variation is for domestic building work that is required to be carried out urgently; and it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work. The building contractor must not start to carry out any domestic building work the subject of the variation before the building owner agrees to the variation in writing. Maximum penalty—20 penalty units. sch 1B s 40 ins 2014 No. 57 s 60 (sch.1B-sec.40-ssec.1) This section applies if there is to be a variation of a regulated contract. (sch.1B-sec.40-ssec.2) The building contractor must give the building owner a copy of the variation in writing before the first of the following happens— 5 business days elapse from the day the building contractor and the building owner agree to the variation; any domestic building work the subject of the variation starts. Maximum penalty—20 penalty units. (sch.1B-sec.40-ssec.3) The building contractor may give the building owner the variation under subsection (2) — personally; or by sending it by post, facsimile or email; or in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor. (sch.1B-sec.40-ssec.4) In a proceeding for a contravention of subsection (2) , it is a defence for the building contractor to prove that— the variation is for domestic building work that is required to be carried out urgently; and it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work. (sch.1B-sec.40-ssec.5) The building contractor must not start to carry out any domestic building work the subject of the variation before the building owner agrees to the variation in writing. Maximum penalty—20 penalty units. - (a) 5 business days elapse from the day the building contractor and the building owner agree to the variation; - (b) any domestic building work the subject of the variation starts. - (a) personally; or - (b) by sending it by post, facsimile or email; or - (c) in accordance with any provision in the contract providing for service of notices on the building owner by the building contractor. - (a) the variation is for domestic building work that is required to be carried out urgently; and - (b) it is not reasonably practicable, in the particular circumstances, to produce a copy of the variation in writing before carrying out the work.