(b) Any work done by the owner or the owner's contractors, without consent, will incur a penalty fee of $1500. In addition to the above, the price of any rectification works plus the builder's margin will be charged to the owner by way of a contract price adjustment.
...the owner acknowledges and agrees not to have delivered to site prior to handover goods or materials of any description.
This is AGAINST the law. See below.
Division 3—Provisions concerning building sites
17 Restrictions on builders' control of building sites
A domestic building contract does not give a builder a greater right to occupy a building site than that of a contractual licensee.
19 Access to building site
(1) A builder must permit the building owner (or a person authorised by the building owner) to have reasonable access to the building site and to view any part of the building works.
Penalty: 20 penalty units.
(2) A person who is exercising a right of access granted under subsection (1) must not interfere with the carrying out of the building works.
(3) A builder is not liable for any costs or delays—
(a) that result from any failure by a person to comply with subsection (2); and
(b) that the builder notifies the building owner of in writing within 5 business days of the failure to comply occurring.
Full details of the ACT here...
http://www.dms.dpc.vic.gov.au/Domino/We ... 91a065.pdf