I was just after some advice regarding a HIA contract, if anyone could offer any,that would be great.
In Sept 2009 we signed a HIA contract with a private builder, with a fixed price and any extras charged accordingly as extras, after settlement (we were happy to pay any difference).
My builder stipulated in the contract it would take a total of 252 days to build, including inhclement weather, RDO's, etc. The contract did not have a start date, though he did get a building permit in Dec 09 and began building end of Jan 10.
Fast forward, we moved in during August 2010. I was wondering if the time taken to build the house starts at contract signing, building permit issued (or 21 days later) or build date, seeing as though nothing specific was stated in the contract. I have searched high and low online for clauses, etc, but cannot make sense of any of it. The reason I ask is that we owe our builder around 6k in extras, though a year later, have not paid him as he has not rectified some very minor defects in the build - paintwork, a new lock on a door, bricks need to be cleaned a bit better etc, nothing major. He pretty much wants his money, though I refuse to pay for he extras until the house is complete, even though I gave him the final payment last August, on time when we moved in. I was wondering, and I know I'm clutching at straws, would I have a claim on 'liquidated damages' for delay in completion of the house, if 252 days begins at contract signing, I would have a claim of around 10 weeks at $250 per week. Yet if its building date or permit, it is pretty spot on. I am just wondering what I would be entitle to, if anything. And whether me making the final payment back in Aug pretty much cancels me out from making a claim. Also, can I just deduct it from his extras, or does it have to be an insurance claim on his behalf?
I hope I make sense. I am just getting annoyed that I paid a final payment yet he needs to rectify a few minor things, and yet for $6k, he just wont come and do the work!
Thanks in advance.