All Topics / Value Adding / Are these special conditions valid?

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  • Profile photo of dragon_v723dragon_v723
    Participant
    @dragon_v723
    Join Date: 2007
    Post Count: 16

    Hi all who has experience in building
    Got some special conditions on the contract I just received
    -Owners to arrange engineer/geotechnical interaction to confirm once trees have been removed to confirm the engineering drawings
    And
    -Owner to arrange an engineer to review structural drawing once the easement details have been obtained

    Just awaiting the builder for clarification but Anyone had similar experience on the building contract?
    Looks like the builder wants me to make sure that the won’t need to pay extra for footings etc?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Why wouldn’t they be invalid. First one is grammatically incorrect and ambiguous – what does it mean – do you need an engineer just to confirm that the trees are removed?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    Further to what Terry has already said, you might want to include time limits on your conditions, and an indication of the consequence if the condition is not met.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of BowenBowen
    Participant
    @bowenbw
    Join Date: 2014
    Post Count: 1

    I’d seek clarification. What exactly do they mean? For what exact purpose? And, as above, what time frame?
    Clearly you know more about the details than we do from the brief description you have provided here. Anything that you’re not certain of in the contract you need to get straight back to them, which it sounds like you have done. I’m sorry; the ‘conditions’ don’t mean much at first glance!

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