Just want to clarify the commencement date..

In the contract it states "Commencement - means the day on which the building works commence on the building site.".

Is this when they put up temporary fencing and porta loo, or site scraped or slab started ?

I think it's generally when site scrape/works commence.

Works includes any of :
temporary fencing
porta loo
Installing setting out pegs
site scrape

Whichever is first

The time between the fencing and scrape is a few weeks, So temporary fencing is classed as Commencement ?
Builder states from the time when the it is staked out, which is 28/5/12.


TimeLine:

Quote Stage : 25/01/12
Contract Signed : 23/05/12
Colour Section : 13/06/12
Finance Approval : 28/06/12
Prestart : 10/07/12
Building Permit : 05/08/12
Temporary Fencing : 15/08/12
Earthworks : 05/09/12

Our contract specified that the start date commenced once the plans came out of council and the permits were issued.

Which makes sense - once this has been done there really is no reason why construction cannot commence.

Otherwise the builder could just waste 4 weeks getting their act together (most of which could be done whilst the plans are sitting in council).

That being said, the unless the penalties for going over contract time are severe in your contract (most likely not - I know someone has said their's was $1 a day) there is much recourse of your build goes over the designated time.

My contract states the builder must start within 21 days of all permits being issued. Which would make the Commencement date only 2 days earlier than what the builder says what theirs is so not going to worry over a couple of days.