CONSTRUCTION OF DWELLING. 17.1 The Seller undertakes to construct the dwelling as per the specifications contained in Xxxxxxxxx "X", "X", "X" & “D” hereto, and also in compliance with the Standard Guidelines of the National Home Builders Registration Council.
17.2 The construction will commence as soon as practically possible after the fulfilment of the suspensive conditions contained herein. Completion is scheduled for approximately , or as soon as possible thereafter.
17.3 The Purchaser confirms that all communication regarding the construction will be through the Seller directly, and that he will not interfere with the construction activities on the Property at all.
17.4 Should the Purchaser contravene the provisions of clause 17.3, the Seller will be entitled to exercise its rights as per clause 15.4.
CONSTRUCTION OF DWELLING. Purchaser agrees that Purchaser will place a n e w dwelling on the lot within six (6) months of the closing of the Purchase Agreement and to complete such construction of the dwelling within two (2) months of the date of commencement. No construction shall commence until the Seller has approved the plans for such construction. In approving the plans, the Seller may require the use of approved exterior designs and elevations, materials, colors and finishes. All existing rules for installation of a new home apply equally to this home.
CONSTRUCTION OF DWELLING. 15.1 This agreement is conditional upon the simultaneous conclusion of a Building Agreement by and between the SELLER (or an entity nominated by the SELLER) and the PURCHASER for the construction of a residential dwelling upon the PROPERTY.
15.2 The PURCHASER acknowledges:
15.2.1 that any structure to be erected upon the PROPERTY has to comply with the Architectural- & the Landscaping Guidelines of the HOA; and
15.2.2 that the design and lay-out of the structure to be erected upon the
15.2.3 that he is obliged to commence with the construction of the dwelling on the PROPERTY within 1 (ONE) year from date of signature of this agreement.
CONSTRUCTION OF DWELLING. 2.1 The Contractor shall construct the dwelling on the property for and on behalf of the Employer in a good and proper and workmanlike manner and substantially in accordance with the plans and specifications; and
2.2 The Contractor shall provide all labour and materials necessary for the proper execution of the works.
CONSTRUCTION OF DWELLING. 3.1 This clause 3 only applies where at the date of this Deed the Seller has not completed construction of a dwelling on the Land in accordance with the Original contract.
3.2 The Buyer must substantially commence construction of a dwelling on the Land within twelve (12) months after the Settlement Date.
3.3 The Buyer must complete construction of the dwelling and the landscaping works within twenty-one (21) months after the Settlement Date, and after commencement must not in any case allow a period of more than three (3) months to elapse without substantial work being carried out.
3.4 If:
3.4.1 the building construction is not completed within twenty-one (21) months after the Settlement Date; or
3.4.2 after commencement of construction a period of more than three (3) months elapses without substantial work being carried out, Council may require the Buyer, at the Buyer's costs, to pull down and remove from the land any building works that are partially completed failing which, council may at the Buyer's expense, pull down and remove the building works and sell all materials and equipment after such demolition and pay to the Buyer the proceeds of such sale less the costs incurred by council.
CONSTRUCTION OF DWELLING. If this Agreement is for a Dwelling for which construction has not started, and Seller determines any of the following issues after the Effective Date prohibit Seller from constructing the Dwelling on the designated lot as contemplated under this Agreement, Seller shall promptly notify the Buyer: (a) Seller’s inability to build the Dwelling on the designated lot without obtaining variances for setback rules; (b) Seller’s inability to build the Dwelling on the designated lot without incurring special costs for foundation, slab or structural support walls; (c) Seller’s inability to obtain all approvals required to permit Seller to construct the Dwelling on the designated lot (including, without limitation, approval of the homeowners’ association, if applicable); (d) difficulties relating to the orientation and placement of the Dwelling on the designated lot; and (e) other unforeseen difficulties impacting Seller’s ability to place that Dwelling on the designated lot. Upon Seller’s notice to Buyer of any of the foregoing issues, Buyer may (i) pay for all additional costs as determined by Seller necessary to construct the Dwelling on the designated lot, (ii) negotiate in good faith with Seller to relocate the Dwelling to another lot in the community, provided there are lots available for sale, or (iii) if no replacement lot is available, then Buyer may terminate this Agreement and will be entitled to a refund of the Builder Deposit and any Option Deposits. Seller shall construct the Dwelling substantially in accordance with plans and specifications, including the construction drawings (or blueprints), grading plan, floor plans and other plans related to the construction of the Dwelling, together with the options Buyer selects on the Option Addendum and any Change Orders mutually agreed to by the parties in accordance with the Selections and Change Order Policy Addendum, all of which are incorporated into this Agreement by reference, and as evidenced by Buyer’s execution and delivery of this Agreement, have been reviewed and approved by Buyer (collectively, the “Plans and Specifications”). Buyer understands that any model homes, sales brochures and/or other advertising or promotional materials used or displayed by Seller are for general descriptive purposes only and that no such materials, including optional features contained in a model home, are incorporated into this Agreement and will not be included in the Dwelling unless specifically set forth in this Agr...
CONSTRUCTION OF DWELLING. This AGREEMENT is in its totality subject to the sale of the simultaneous conclusion of a Building Agreement with ESCAPE DEVELOPMENTS CC, or such other contractor appointed by the SELLER from time to time.
CONSTRUCTION OF DWELLING. Xxxxx agrees that it will construct a new single-family dwelling on the property, and upon completion of construction, shall occupy such dwelling as an “Owner Occupant.” This covenant shall survive the delivery of the deed.
A. The single-family dwelling described in this Section is referred to as the “Minimum Improvements.”
B. The Minimum Improvements shall consist of a new single-family dwelling, and shall be constructed and occupied substantially in accordance with the Declaration of Restrictive Covenants attached as Exhibit B and the proposal approved by Seller on January 11, 2024, attached as Exhibit C.
C. Construction of the Minimum Improvements must commence within one year from the Date of Closing. Construction will be considered to have commenced when the Buyer has obtained a building permit from the City of Grand Rapids and foundation work has begun.
D. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of Grand Rapids building inspector. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Buyer to construct such Minimum Improvements, the Seller will furnish the Buyer with a Certificate of Completion, in substantially the form attached hereto as Exhibit D, for such improvements. Such certification by the Seller shall be (and it shall be so provided in the deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the deed with respect to the obligations of the Buyer and its successors and assigns, to construct the Minimum Improvements. The certificate provided for in this Section of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. If the Seller shall refuse or fail to provide any certification in accordance with the provisions of this Section, the Seller shall, within thirty (30) days after written request by the Buyer, provide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Seller for the Buyer to take or perform in ord...
CONSTRUCTION OF DWELLING. 2.1 Subject to and in accordance with the provisions hereof, the OWNER hereby employs the CONTRACTOR who hereby agrees, to erect a DWELLING on the PROPERTY on the conditions contained herein.
2.2 The DWELLING shall be erected substantially in accordance with the PLAN. The OWNER agrees that he shall not be entitled to amend or procure any amendments to the PLAN except as provided for herein. The OWNER acknowledges that the DWELLING will be situated on the PROPERTY in substantially the position as indicated on the PLAN and is to be built in accordance with the SPECIFICATIONS.
1.3 The OWNER agrees that the precise area of the DWELLING once complete is subject to variation, provided always that the final area of the DWELLING shall be within 5% (FIVE PERCENT) of the estimated area as stated in 1.1 above.
CONSTRUCTION OF DWELLING. 18.1 The Seller and Purchaser acknowledge that the Seller is in the process of constructing a dwelling on the property, which dwelling shall conform to the specifications set out in clause 18.4.1 below.
18.2 It is the intention of the Purchaser to acquire a completed dwelling on Registration of Transfer, and therefore this agreement is suspensive upon the successful completion of the dwelling.
18.3 The dwelling shall be regarded as being complete once an Occupation Certificate has been issued by the relevant authority and the provisions of 18.5 below have been complied with.
18.4 The Seller undertakes to: 18.4.1 construct the dwelling in accordance with the following specifications:
18.4.1.1 the dwelling shall be no smaller than ( ) square metres in extent;
18.4.1.2 the dwelling shall be built in accordance with the submitted and approved plans and elevations, as accepted by the Purchaser, and no deviations may be made therefrom without the prior written consent of the Purchaser. A copy of the said plans is annexed as Annexure Y;
18.4.1.3 the completed dwelling shall include all Prime Costs items (PC items) as provided for in the schedule annexed (Annexure Z), which items the parties record have been allowed for and which are included in the Purchase Price. If the actual price of a specific PC item is:
18.4.1.3.1 less than the quoted PC item allowance, the difference in value shall be deducted from the Purchase Price (the Conveyancers are to be notified so that they can make the necessary adjustments on Registration of Transfer). Alternatively, the Seller and Purhcaser can agree, in writing, to allocate the difference to another PC item, over and above the quoted allowance.
18.4.1.3.1 more than the quoted PC item allowance, at the Purchasers request, and with the Sellers written consent, then the Purchaser shall be liable to pay, to the Seller, the difference between the actual price and the quoted allowance. This amount is to be paid by the Purchaser to the Seller, over and above the Purchase Price, before Registration of Transfer.
