Adam Easthamof East/West Builders Pty Ltd (hereinafter referred to as"the Builder") wasengaged byAmanda and Mitchell Peachey (hereafter referred to as "theOwners") to quote on the construction of asix-bedroomhouse onthe Owners' land at Lot516,Cofton Court, Cambridge Park. The Builder and the Owners had a meeting on 19March 2021to discuss their requirements.

The Owners said:"We have elderly parents who will be living with us and we require disabled toilets and wider doors foraccess".

The Builder said:"No problem this will beincluded".

The Owners paid the Builder $4,000.00 for the Builder's draughtsman to prepare the plans, lodge them atPenrith CityCouncil and obtain an approval. On4April2021, the Owners had a meeting withVince Wallington fromPrestigeDrafting.

The Owners said: "We like the plans and they seem to incorporate everything we discussed withAdam".

Vince Wallingtonsaid: "Yes, I've incorporated everything youwanted".

The plans were lodged at Penrith City Council on 27April2021and approved on 14May2021. On 16May2021, the Owners signed a Housing Industry Association New South Wales Residential Building Contract for New Dwellings at a Contract price of $395,000.00 and paid the Builder a deposit of $60,000.00. The Builder commenced work on the house on 2June2021.

On6June2021, the Owners requested the rumpus room be extended by 1.5 metres.

Adamsaid:"No problem" and nothing else was discussed regarding the cost of the variation.

On 15 June2021, the Owners discovered the toilets were not disabled toilets and the doors were not wide enough for access by their parent's wheelchair. The Builder has given the owners, a claim for the extra 1.5 metres in the rumpus room of $42,300.00 and a first progress payment claim of $63,000.00.

Advise Mr and MrsPeacheyof their rights