Browse Forums Building A New House Re: How to get payment of 'Late Completion Damages' 4Oct 01, 2007 6:27 pm Our house went into liquidated damages and our builder deducted it from the final invoice. Re: How to get payment of 'Late Completion Damages' 5Oct 01, 2007 10:48 pm vanderlay Casa2 $20 per day is a bit light on. The builder can be a year behind and all you get is $7200. Not much of an incentive there. It is - I think the HIA contacts used by most builders have $250 per week as the minimum allowed!? And I believe to make adjustments to the final invoice is common practice (rather than actually paying you anything). Ditto - ours is $250/week after the set time period allowed - which is a very generous time frame anyhow. I thought this was standard. $140/week is pathetic. Even $250/week isn't a lot considering that you would probably still be paying rent somewhere and very likely have drawn most of the loan which is being charged interest. Ray. Second Time 'Round Re: How to get payment of 'Late Completion Damages' 6Oct 02, 2007 10:57 am I don't suppose there is any way of negotiating an increase on the previously agreed liquidated damages figure. I suppose legally both parties would have to agree to it as an amendment to the contract.
Would be good if there is anyone with legal brains who could shed light on this. Our damages are only going to be $15/day if they are late - and for the last 5 weeks they have done nothing so being late I think is inevitable. I wish we had asked for a higher figure when we signed the contract. Building for the 1st time with M3tricon Site Start was 19th July 07. It's been 2 weeks to Handover for the past 8 weeks. Go figure. Re: How to get payment of 'Late Completion Damages' 7Oct 02, 2007 11:43 am Have you calculated how many raining days in that past X months during your constructions? Also, depending on the contracts, like in ours the builder added a clause saying for every raining day it requires another day for it to dry.
So if you minus the number of raining days, may be it hasn't reach the specified construction periods yet?? Like I said the Occupancy Certificate is not the tollgate that marks the completion of the house. The contract defines… 7 10762 It worked for me in getting all non notified rain days removed from the builders claim, although the LDs was only $50/day 7 5962 |