17Variations must be in writing

17 Variations must be in writing

(1)  A building contractor must ensure any variation of the residential building work contract agreed to between the building contractor and the owner is put into written form –

(a) within the shortest practicable time; and

(b) for a variation consisting of an addition to the residential building work to be performed under the contract – before any residential building work to which the variation relates begins to be performed.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 300 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(2)  Subsection (1) does not apply to a building contractor for a variation of a residential building work contract if –

(a) the variation is in relation to residential building work that is required to be performed urgently; and

(b) it is not reasonably practicable, in the particular circumstances, to produce a variation document before the residential building work to which the variation relates begins to be performed.

(3)  For the purposes of subsection (2) , the circumstances in which residential building work may be required to be performed urgently include, but are not limited to, where the condition of the building site on which the residential building work is to be performed requires an alteration to the work and the condition could not have been discovered, before the work begins to be performed, by reasonably diligent investigation.

(4)  Subsection (5) applies if –

(a) a proposed variation of a residential building work contract has not yet been agreed to between the building contractor under the contract and the owner, but is proposed to come into existence on the signing of a variation document by the owner and the building contractor; and

(b) the variation document is to be the first and only agreement between the building contractor and the owner for the particular variation.