Residential Building Contract
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66. When the Owner is undertaking work under these clauses 59 to 65, the Owner must:
a take all practical steps to prevent harm to the RMB and its Subcontractors;
b comply with health and safety legislation; and
c make all reasonable endeavours to ensure its agents comply with health and safety legislation.
THE SITE
Survey pegs & Site boundaries
67. Survey pegs required by the RMB to dene Site boundaries, unless already established, must be provided by
the Owner (through a surveyor employed by the Owner). If and when required by the RMB, the Owner must
show the RMB the survey pegs, offset pegs and datum pegs (and the RMB will record the position of those
pegs). The RMB will take all reasonable steps to maintain the survey pegs. The Owner shall indemnify the
RMB for any expense, loss, action or claim arising out of the position of pegs or mistakes by the Owner as to
the correct boundaries of the Site.
Utilities
68. The Owner is responsible for providing utilities (such as electricity and water), including nal connection costs
to such utilities. The RMB shall be entitled to reasonable use of such utilities for the Works. Unless expressly
provided for in the Contract Price, if the RMB incurs costs in accessing and using utilities (such as electricity
and water) then the RMB shall be entitled to an Adjustment.
69. The Owner must locate all underground utilities. The Owner shall advise the RMB of the location of such
utilities, who will record their position. The Owner shall indemnify the RMB for any expense, loss or claim
arising out of any damage to utilities or, if need be, their relocation, unless such damage has been caused by a
negligent act or omission on the part of the RMB.
70. Where reasonable endeavours have been made by the Owner to locate all underground utilities and
underground utilities are nevertheless discovered preventing reasonable progress with the Works, the parties
may agree to terminate the Building Contract. If the parties agree to terminate the Building Contract under this
clause, Subpart 4 of Part 2 of the Contract and Commercial Law Act 2017, pertaining to frustrated contracts,
shall apply.
Unforeseen physical conditions
71. Unforeseen physical conditions may include articial obstructions and weather conditions at or away from
the Site. The Owner acknowledges that the RMB has not, and could not have, allowed for such unforeseen
physical conditions in the Contract Price.
72. The Owner indemnies the RMB against any claim made against the RMB by any person for damages or
expenses incurred by reason of unforeseen physical conditions.
Land subsidence and inadequate earth ll
73. The RMB is not liable for:
a any damage to the Works caused by subsidence of the whole or any part of the Site, or any damage to the
Site from any cause during the RMB’s occupation of the Site, unless such damage has been caused by a
negligent act or omission on the part of the RMB; or
b any damage, or for any additional costs of the Works, resulting from absence of information on any
foundation, defects or difculties which was not discoverable by the RMB on a reasonable inspection of the
Site.
74. The RMB is not liable for any damage or deterioration of the Works or the Site caused by or resulting from
the inadequacy or negligent application of earth ll, unless such damage or deterioration may be properly
attributable to a negligent act or omission on the part of the RMB.