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HIA has drafted a new clause 7 for our contracts as follows:
For contracts purchased on Contracts Online, the clause will be updated and ready for use prior to 1 October 2019.
For those members who have hardcopy printed contracts, there are two (2) options available to make the change:
In the Special Conditions (contained in Schedule 2) state the following:
"The existing clause 7 is deleted and replaced with the following clause:
(strike through) the existing clause 7 and physically tape or glue the new clause on top or near it. A copy of this information can be given to the owner to explain why the change is necessary.
We recommend that both parties initial next to this change if this option is taken.
While the appointment of the certifier cannot be dealt with in the construction contract the homeowner may still agree to appoint the builder as their agent to appoint the certifier. In order to do this a separate document must be filled out by the parties.
We suggest that our members have a discussion with their clients prior to entering into the contract as to who the certifier may be.
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