Hi all,
I need advice. I am building a single-storey 4 bedroom house on the northside of the Brisbane.
Commencement date: 13/03/22.
Completion period 255 days including public holidays, weekends and inclement weather.
Completion period ended: 22/11/2022.
Special condition in contract: Due to the recent and ongoing events surrounding the COVID-19 virus and the potential unknown effect on labour supply, an entitlement to EOT (Extension Of Time) for any delay to works caused by the unavailability of any labour material necessary to carry out works.”
Liquidated damages (LD): $50 per day.
It is 06/12/22 today and I cannot seem to be getting any answer from my builder about completion date. He is building 3 houses in my estate and my house seems to be the one going at snail's pace. My house is in completion stage for last more than 2 months and it seems like it won't be finished until January/Feb 2023. He still needs to finish plumbing fittings, carpets, driveway and landscaping etc. It seems like it might get delayed for 2-3 months. My builder has not sent me any notice that he needs extension of time to complete the build. I sent him email asking about how long and he doesn't even reply. If I am ever able to get a hold of him over the phone, he is like we are trying our best to finish the build but we cannot tell you when.
I don't care how long he takes to complete the build, as long as I can claim liquidated damages for the delay, as I am paying rent as well as mortgage repayments. Can anyone please advice how to claim LD from the builder. I don't want to involve the solicitor, as it might upset the builder. Even my solicitor advised me to talk to builder as much as possible, but I don't see any outcome coming out of it. Thanks.