Jun 09, 2021 2:28 pm
I'm kind of in a pickle around pre-commencment date. I've signed the HIA building contract in MArch 2021. Land was registered and I've settled on 15th May. My anticipated building commencment date is 30th July. Builder still didnt lodge with council for building approvals and I'm sure I wont get everything done with banks commencement letter by 30th July.
I've done all in my power to submit all documents I could but now its up to government to issue building approvals. That could take months. I'm I out of options to extend the contract without any penalties?
In QLD commencment clauses:
2.1 (f) :the builder receives all permissions, consents and approvals required from the relevant statutory or other authority under Clause 2.3,
2.3 - ---- The party named in item 10 (BUILDER) of Schedule 1 is responsible for obtaining any planning approval, building permits and/or statutory consent that is required for the contract works. The party obtaining such approvals must take all reasonable steps to do so by the anticipated start date.
2.4 If the builder is the party named at item 10 (BUILDER) of Schedule 1, the owner must sign all documents and do all acts as requested by the builder to obtain all permissions, consents and approvals required from the relevant statutory or other authority.
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