Browse Forums Building A New House Re: Liquidated damages 14Mar 09, 2023 1:33 pm ponzutwo onni.palaste We have been waiting impatiently for the completion of our house since 18 months and will be claiming liquidated damages. We have a QBCC contract and it mentions $50 per day for each calendar day of delay in achieving practical completion. Does this mean we can’t claim liquidated damage for the days between practical completion and handover? correct. However its worth noting that practical completion is defined in the contract and not by the builder. Sometimes the builder will claim practical completion, you go and inspect and it doesn't meet the contractual definition of complete. be wary of that. There should be minimal time between PC and handover. Maybe 1-2 weeks. If there is several weeks of work after your final inspection, an argument could be had that PC was claimed prematurely. Ultimately it depends on what is required to be done. This happened to me and it wasn't a difficult argument to have. Got an extra grand out of them....more accurately, i paid them a grand less. Remember liquidated damages are subtracted from the final payment. Dont pay them and expect them to return the damages. Common mistake people make, then spend a year banging their head against a wall. Thanks. We will be careful not to accept PC prematurely until contracted work is completed. We will definitely deduct LD from the final invoice as it has totaled upto more than 15K until now. Re: Liquidated damages 16Mar 09, 2023 1:40 pm onni.palaste ponzutwo onni.palaste We have been waiting impatiently for the completion of our house since 18 months and will be claiming liquidated damages. We have a QBCC contract and it mentions $50 per day for each calendar day of delay in achieving practical completion. Does this mean we can’t claim liquidated damage for the days between practical completion and handover? correct. However its worth noting that practical completion is defined in the contract and not by the builder. Sometimes the builder will claim practical completion, you go and inspect and it doesn't meet the contractual definition of complete. be wary of that. There should be minimal time between PC and handover. Maybe 1-2 weeks. If there is several weeks of work after your final inspection, an argument could be had that PC was claimed prematurely. Ultimately it depends on what is required to be done. This happened to me and it wasn't a difficult argument to have. Got an extra grand out of them....more accurately, i paid them a grand less. Remember liquidated damages are subtracted from the final payment. Dont pay them and expect them to return the damages. Common mistake people make, then spend a year banging their head against a wall. Thanks. We will be careful not to accept PC prematurely until contracted work is completed. We will definitely deduct LD from the final invoice as it has totaled upto more than 15K until now. wait....15k? are you saying they're OVERDUE on the contractual completion date by 18 months? If so, i think LD might be the least of your worries. What stage is the house at? Re: Liquidated damages 19Mar 09, 2023 1:51 pm ponzutwo wait....15k? are you saying they're OVERDUE on the contractual completion date by 18 months? If so, i think LD might be the least of your worries. What stage is the house at? Its 10 months... $50 x 30 x 10 = roughly $15000 Its 95% complete.. Builder has been promising to have PC soon since ages.. hopefully we can have by the end of this month. It says calendar day so hoping I don't have to fight them with their possible argument saying business days.. lol Re: Liquidated damages 20Mar 09, 2023 1:53 pm Mirrmu83 the builder gave a Date for Practical Completion? Yes It worked for me in getting all non notified rain days removed from the builders claim, although the LDs was only $50/day 7 14183 On the day liquidated damages kicked in, I texted my SS "Good morning and happy "Today liquidated damages begins today day!" We had a little over 3 weeks claim and no… 1 9437 Let me restate key points properly Without seeing the specific contract, we cannot make assumptions about wet weather provisions. These must… 4 6825 |