Contractual preconditions to milestone payments in building contracts that refer to 'approval by a building surveyor' may impose requirements supplementary to the mandatory inspection regime under the Building Act 1993 (Vic), particularly where the contractual language extends to works not subject to mandatory statutory inspection. Parties to building contracts should ensure that contractual milestone definitions align with the statutory inspection stages if they intend the statutory regime to be the sole measure of entitlement. The question whether contractual 'approval by a building surveyor' must be given by the specific appointed building surveyor or any qualified building surveyor was left open.
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