Browse Forums Building A New House Re: Need some advice on liquidated damages 5Nov 07, 2009 5:38 pm Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Need some advice on liquidated damages 7Nov 07, 2009 7:05 pm To me it's clear: 1) The standard HIA contract mentions that the builder needs to give the owner written notice of an entitlement to an extension of time - done within 10 working days after the builder has all of the facts. No problems there... 2) Our contract had an additional clause which states: Notwithstanding the provisions of Clause ABC (the HIA one) where the builder is claiming an extension to the contract period due to adverse weather and/or the industry shutdown period the builder, upon request by the owner, will provide deails of the claim after the date of practical completion. Item 1 states that they have 10 working days after the event to notify you. Item 2 states that the builder has until the date of practical completion to provide the details. That is, 10 days for notification and a lot longer to provide the details. I would reject any claims for rain days that are more than 10 days old. And do it now. Demolition August 2009, Construction Started September 2009, Completed December 2010 It worked for me in getting all non notified rain days removed from the builders claim, although the LDs was only $50/day 7 5939 Thank you so much for the effort. We will use it to talk with builder. We also had idea of building duplex instead and seeking suggest ions. viewtopic.php?f=31&t=106744 11 13830 |