Forgive me if I seem to be venting a little here.. I'm quite cranky
When site start of our new home commenced we were sent a lovely letter from our builder that stated:
Congratulations - In accordance with your Victorian New Homes Contract we are advising your building works began on ......
We would like to advise that the building works will be completed in 213 days, based upon the time period stated in Schedule 1 of the contract. Please be aware the completion date may vary if construction delays do arise as indicated in Clause 34 of the contract.
So... one then refers to Schedule 1 - which clearly states:
Time for Completion - building period:
213 days including the following estimates for delays -
Inclement Weather - 10 days
Weekends, Public holidays, RDO's and other foreseeable breaks in the continuity of work - 76 days
Other days that are reasonable having regard to the nature of the building work 28(Christmas) delays
One then references Clause 34, which I won't detail, but talks about delays due to variations and owner onus etc... which is irrelevant here for the purpose of the point I'm getting to.
OK, so all along we have been under the impression that 213 days from our start date was the 30 week period stated to build a 2 storey home so we have discussed this date at various times throughout the build with SS, CM and CSC. There was never any argument there.
Yesterday, our lovely CSC informs me (I'm not cranky at her as she is only doing her job) that no, there are another 28 days to be added to the 213 due to the Clause in the Notes and Conditions relating to the Fixed Price Tender Document that states:
An additional 28 days will be added to the contract by the builder where any period of the construction time falls within the Christmas period.
OK.... excuse me if I am being pedantic - but is this not double dipping??
I accept that it is what it is now for us and that we were not diligent enough in picking this up at signing - Caveat Emptor.
What really nerks my snerple is that they are **. This Clause should have been referred to in the Congratulations letter, and included in the Contract, not just a supplementary Clause in the Fixed Price Tender.
At the end of the day the house will be done when it is done, but this just got up my goat. Are they that hard up for cash they need to cover their butts for another 28 days to avoid paying a measly $250 per week in penalties?
Curious if anyone else has had this experience and just wanting to share a little frustration!!