Queensland builder's contract issues.

Hi all, newby here so please excuse any blunders.

I am building with a small licenced builder here in Queensland and am looking for some advice about my contract.

The contract was signed at the end of March 2021 and work began soon after. The builder has always refused to give me a completion date. I have asked several times only to be brushed off.

I gave a lot of leeway because of things being tough for builders last year, and hearing general advice from the QBA about contract dates are unavoidably running over. I would like to get him focussed on completing mine and wondering the best way to proceed, is there a general legal type warning letter or should I go straight through the association?

Tia

Which contract was used for the build? QBCC's, Master Builder's, HIA QC2? Each contract has specific conditions on requesting the PC Date (Practical Completion). Also what stage is your build at?
Craig

Hi Craig, the contract is QBCC QC1

The build is fairly near completion but lots of bits and pieces to be done. The carpenter only works a day or 2 a week then gets pulled off and sent elsewhere.

Sorry?
The QBCC "New Home Construction Contract" or QBCC "Level 1 RENOVATION, EXTENSION AND REPAIR CONTRACT"
if it's the second'.. Level 1 and you're building a new house its the wrong contract.
Has the builder issued any extensions of time?

The contract is QC1 Queensland plain language New Home Construction Contract.

He has never had to do an extension as he has never given a completion date. The contract specifies the completion date should be given within 10 days of signing the contract. It was signed 27/03/21.

Based on your last post QC1, you are using a HIA QC1 contract.
Page 3 Item 13 Build Period advises "PC" (practical completion) must be reached XXX "days" after "commencment" subject to Clause 17 (extensions of time & or delays). This XXX days includes 10 days wet weather AND weekends (it is XXX Calendar Days!)
"Commencement" is a defined word, meaning it is strictly what the contract defines it to be,
page 34 states...when the builder commences (starts, not finishes) footings, slab or drainage.
Under the Act the builder is required to issue a Notice of Site Start, if he didn't, look at the date you were issued the Base Claim (slab), take a week off and you have a pretty good idea of site start.
Add the Build Days from Item 13 to the Site Start date and you now have the required PC date.
The builder can extend the build period due to all sorts of reasons BUT they need to be advised to the owner during construction when it became clear the Extent of the delay. The builder can't dump them all on you at the end of the build!

With regard to PC, page 28, Clause 25 deals with this.
25.1 States the builder MUST, when requested by the owner give a non-binding estimate of when PC will be reached.

I would suggest
work out when PC was meant to occur as per the contract. Then send your builder an email with delivery & read receipts requesting;-

As per our contract dated 27-03-2021, item 13 nominated the date for PC as XX-XX-20XX. You have not advised any extensions of time during the build which would have extended the date of PC.
As per Clause 25 section 25.1. I request you provide confirmation of the date for PC and request the final claim be provided inclusive the offset for Late Completion Damages as per item 15 of the contract.

Hope this helps

Thank you so much, that is very helpful!