Ok, so our build is way over schedule.
Our contract had an anticipated commencement date of 12/01/09. Yes o9!!
Anyhow, we were responsible for demolishing an exisisting house that was on the land. We had some issues with this and the house was not demolished and land cleared until March 2009. Anyhow, the builder obtained the certificate of occupancy this week. He still has some finishing touches to do.. but otherwise it's all done.
Our total construction period (inlc. delay days) was 300. This would have been late October last year.
My problem is.. how do I now work out the liqudated damages that we are entitled to (contract says $250 per week). Our builder has asked us to be fair and consider that not all the delay was his fault and that he is entitled to contest it if he really wants to. I agree and think that he should start paying us liqudated damages from the start of this year only - 22-23 weeks.
What does everyone think?