In our HIA contract it states:
2.1: Commencement is to take place on or before the anticipated start date stated in item 14 or within 20 working days from the day that:
- (a) the owner gives the builder evidence of the owner's title to the land under Clause 6;
- (b) the owner gives the builder evidence of the owner's capacity to pay the contract price under Clause 7.1;
- (c) the owner establishes the security account under Clause 8;
- (d) the owner gives the builder possession of the site under Clause 10;
- (e) where the name of the lending body is stated in item 6, the owner gives the builder a notice from the lending body that construction of the works may commence, and
- (f) the builder receives all permissions, consents and approvals required from the relevant statutory or other authority under Clause 2.3, whichever is the later.
All of this was provided to the builder on 25th March, however our official commencement wasn't received until 15th May - 75 business days later.
This has significantly pushed our estimated completion date back - is there anything we can do? The work still hasn't actually commenced either.
