Final Invoice vs OC

Hi, I am approaching end of the build. My final invoice will be given to me soon to pay.

Some context before I ask my question.

1. My builder wont do the landscaping or concreting i.e. not even the drive-way as that was not in the contract and they don't usually do that.

2. My builder had told me that they would give me a part OC to move in, and once I do the landscaping and concreting, I would apply for final OC which I was happy about.

3. I dont like my approved landscape plan as I did that 2 years ago and its been signed off and stamped. I will soon place a 4.55 Modification for the landscape plan. But ignore this for now, I just cared for the mean time on getting a part OC and moving in.

I talked to my certifier today, and he said that they wont even issue me a part OC because the in my DA approval it says: "The following conditions of consent must be complied with prior to the issue of an Occupation Certificate by the Principal Certifier. " He is like, that means we cant even issue an OC of any sort with you doing all the items on the list because they say "an" which I found to be so ridiculous.

My fear is that CBA will say im not paying the final installment without an OC i.e. part or full. But the problem is that I have approved out of contract funds that I got approval for when I did my loan for landscaping and concreting. So its a "chicken or the egg" situation. I need landscaping and concreting to do my landscaping.

Can you someone please help me here? Am I over-reacting and that maybe CBA don't historically want an OC usually?

See attached a snippet of my DA consent, it clearly says whole or part.



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