CONTRACT FOR CERTIFICATION WORK TERMS AND CONDITIONS
This contract operates between the person stated on this document and the following registered certifiers employed by Port Stephens Council:
| REGISTERED CERTIFIERS NAME | REGISTRATION NUMBER |
|---|
| Christopher Gwynne | BDC2200 |
| David Compton | BDC1805 |
| Jacob Field | BDC3368 |
| Kelly Lynch | BDC05174 |
| Michael Jacobson | BDC3011 |
| Ryan Bridges | BDC1832 |
| Samuel Parbery | BDC4921 |
| Stephen Poulter | BDC0928 |
| Tristan Sullivan | BDC3403 |
Address of all registered certifiers place of business:
116 Adelaide Street, Raymond Terrace NSW 2324
Contact for all registered certifiers:
P: 02 4988 0155 E: devbuild@portstephens.nsw.gov.au
General:
1. I/We agree to provide all documents that Port Stephens Council may reasonably request for them to perform the function of the Principal Certifier (PC).
2. I/We agree to provide Port Stephens Council with reasonable and safe access to the development site.
3. I/We agree to notify Port Stephens Council of the appointment of the principal contractor.
4. I/We agree to notify the principal contractor of any critical stage inspections to be carried out in respect of the building work.
5. I/We agree to provide the Principal Certifier with evidence of Home Owners Warranty Insurance or Owner Builder Permit (if applicable) not less than 48 hours prior to the commencement of building work.
6. I/We agree to provide all relevant drawings, plans, statutory plans and documentation associated with but not limited to the Development Consent, the Construction Certificate or Complying Development Certificate and any Occupation Certificate at the request of the Principal Certifier.
7. I/We agree to act in good faith, in accordance with the Act and in a cooperative fashion.
8. Council retains the right to not issue an occupation certificate when a period of greater than 5 years has elapsed since the most previous inspection of the development, or where no inspections have taken place after the issue of the construction certificate or complying development certificate
9. Where the development is modified, necessitating the issue of another certificate under Part 6 of the Environmental Planning and Assessment Act 1979, this contract will remain unchanged and continue to apply.
Fees and charges
10. The applicant must pay the fees and charges for the determination of an application for a development certificate * (including modification of a current certificate, where relevant) as specified in Council's Schedule of Fees and Charges.
11. These fees and charges must be paid to Council before, or at the time, the application for a development certificate is lodged with Council.
12. In the case of fees and charges payable for work arising from unforeseen contingencies, such as the assessment of performance solutions or additional inspections, these fees and charges will be calculated as specified in Council's Fees and Charges. Council will issue an invoice to the applicant within 21 days after the completion of such work and the applicant must pay by the due date specified on the payment notice.
13. The applicant must pay the fees and charges for Council to carry out the functions of a PC for the development as specified in Council's Schedule of Fees and Charges.
14. These fees and charges must be paid to Council in full at the time of lodging the PC appointment form (after the construction certificate or complying development certificate is issued) and before Council commences to carry out the functions of PC.
Contract Termination
If the Owner:
- Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate;
- Fails to give notice of commencement at the appropriate time, or
- Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or
- Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or
- Breaches the Agreement in any respect; or
- Ownership of the site changes, change of Principal Contractor changes or person stated on this contract is no longer involved with the subject development; or
- The development is altered unlawfully to the extent that the development is no longer generally consistent with the relevant development consent, construction certificate, or complying development certificates and the accompanying supporting documentation;
Then the PCA:
- May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination.
- If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development.
- As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from:
- The need to terminate this Agreement or the Building Contract; or
- Any matters of non-compliance with the Act on the part of the Owner or any other contractors.
This contract is valid only for a period of less than ten years from the date of signing/execution. After the valid date expires, this contract no longer has effect.
Information brochure
An information brochure which is to include information about statutory obligations must accompany this Agreement as per Clause 31 of the Building and Development Certifiers Regulation 2020, if one is published by the Department of Fair Trading on its website. Fair Trading is the statutory body that registers certifiers and administers the Building and Development Certifiers Act 2018 and Regulation 2020.
