Browse Forums Building A New House Re: Building delays 16Apr 29, 2022 4:33 pm Regardless of your building contract argument could be made that price rises are a result of unforeseen conditions beyond control of the builder. Under such conditions I believe a valid variation claim can be made. Builder is not your insurer against rising costs. In any case even if you pay more you won't lose because the value of your property will rise. If you screw builder to the wall it will cost you more. Be careful of karma. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Building delays 17Jun 21, 2022 10:30 am Cabinetmaker Posting this to get opinions. Signed contract in March 2021 Title for land issued early July 2021 Final plans signed end July 2021 Various excuses from builder, was told in mid October -waiting for insurance and then build permit. Early December 2021= price increase variation....... Slab thrown mid February 2022 Currently busy with brickwork. What should the start date have been ? And what should the completion date be? Standard HIA contract, 45days to commence, 250 days to complete. No dates specified in contract. Hi cabinetmaker Exact dates are not typically written in the construction contract, number of days/weeks are. Just the same, delay can be determined by surrounding circumstances. Best to take your matter to a specialist construction lawyer in your area, who can look over your contract and documents, and help you make an informed decision on your best course of action. Cheers John Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ Re: Building delays 18Jun 28, 2022 4:52 pm On this topic - our build is, or will be very shortly, over the contracted 250 working day limit with no prospect of completion in sight. Not even at lockup. The builder has not given any notice of any delays at any point. I expect they will send something on the very last day that they are required to inform us.... but, barring that, in the standard WA HIA fixed price contract, if a builder goes over the date, and hasn't given any notice, what would a 'reasonable agreement' mean in terms on a contract extension? It seems that liquidated remedies are not usual in WA contracts and there is nothing scheduled for any sort of remedy or penalty. Anyone know what is reasonale or usual? Just seems ridiculous that we keep incurring extra living costs and the builder doesn't seem to bother having any sort of tradesperson organisation. Its so frustrating. Re: Building delays 19Jun 29, 2022 1:22 pm It would be reasonable to claim for your additional accomodation and storage costs etc (or lost rental income) beyond the expected move in date based on the contract build time, less any days work that was notified to you at the time as cancelled due to weather. Maybe discuss first with your builder and you may be able to agree a weekly amount to offset the final payment without engaging tribunals and lawyers etc. Re: Building delays 20Jun 29, 2022 1:35 pm Kippers01 It would be reasonable to claim for your additional accomodation and storage costs etc (or lost rental income) beyond the expected move in date based on the contract build time, less any days work that was notified to you at the time as cancelled due to weather. Maybe discuss first with your builder and you may be able to agree a weekly amount to offset the final payment without engaging tribunals and lawyers etc. It's already in your contract at a pittance. "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Just to makea point about this, an approach that some people have found sucessful in negotiating these rises down, Is to provide some workings to the builder, specifying… 4 81718 In fairness nobody gave a crap about the ACCC and the gag clauses continued in the pro forma templates of a few other builders after the ACCC took on Wisdom, and more… 19 73480 While i was across this behavior's pre appointing my (the builders) surveyor, I did tell the builder i was aware what they were doing and while i disagreed with it, they… 13 14590 |