I don't think it works this way. The contract is always written in the builder's favour. My lawyer is looking into this and has spoke to Ghadaki who quoted a subsection of the agreement 34c. Unfortunately, my agreement doesn't have a 34c so she is calling him back to get the section of the agreement he is referring to. I will update once I learn moe.
if your agreement does not have a 34c, then how can they charge you for this per the 'agreement'?