Browse Forums Building A New House Re: builder has taken over 34 weeks 2Jul 20, 2012 9:01 pm It should have these answers in your build contract. It really depends on how long they've allocated for your build to be completed, is it meant to be a 6 month build? The norm is for the client (you) to be paid penalties for each week extra until the house is complete. I think the standard is about $250 a week. Good luck! Kayla Re: builder has taken over 34 weeks 3Jul 20, 2012 9:39 pm Thanks, I can not see in the contract anything about $250 per week. I see that the completion must be done in 34 weeks but no fine. I have the NSW residential Building contract for New Dwellings. kjw7 It should have these answers in your build contract. It really depends on how long they've allocated for your build to be completed, is it meant to be a 6 month build? The norm is for the client (you) to be paid penalties for each week extra until the house is complete. I think the standard is about $250 a week. Good luck! Re: builder has taken over 34 weeks 4Jul 20, 2012 9:50 pm I'm in Victoria and our contract is just a standard HIA contract so I guess yours must be a little bit different. I'm not sure if builders can take the clause out..? Maybe the next step would be to have a lawyer or someone look over the contract and see what your rights are, as I'm sure there must be something you can do. Maybe mention the Building Commission to your builders and tell them you will be seeking their advice if they don't complete your house ASAP. Obviously I don't know your exact situation, so sorry if I'm not much help! Kayla Re: builder has taken over 34 weeks 5Jul 20, 2012 11:52 pm Yulp, mine looks like the standard HIA one as well, I think it is the same as the Vic one. I just can't physically see the $250 number anywhere. It just says the house must be completed in 34 weeks, it doesn't what the penalties are for not meeting this requirement. kjw7 I'm in Victoria and our contract is just a standard HIA contract so I guess yours must be a little bit different. I'm not sure if builders can take the clause out..? Maybe the next step would be to have a lawyer or someone look over the contract and see what your rights are, as I'm sure there must be something you can do. Maybe mention the Building Commission to your builders and tell them you will be seeking their advice if they don't complete your house ASAP. Obviously I don't know your exact situation, so sorry if I'm not much help! Re: builder has taken over 34 weeks 7Jul 21, 2012 12:25 pm Hi Paulevan I have a NSW contract - it's on page 7 under 'Delay costs - reimbursement of costs for delay... payable by builder." The cost would have been written in by the builder. Ours is only $100 per calendar week - and us 'dummies' signed that off!! Now, 4 weeks after their 160-day construction period is up, we are wishing we'd negotiated a higher price. Re: builder has taken over 34 weeks 8Jul 21, 2012 1:14 pm Yulp, thank you... I have found it. I read a few times but didn't know what I was reading. I get $50 per day. That is going to come out to a few thousand dollars. Has anyone had any experience in how to claim this money? bignewadventure Hi Paulevan I have a NSW contract - it's on page 7 under 'Delay costs - reimbursement of costs for delay... payable by builder." The cost would have been written in by the builder. Ours is only $100 per calendar week - and us 'dummies' signed that off!! Now, 4 weeks after their 160-day construction period is up, we are wishing we'd negotiated a higher price. Re: builder has taken over 34 weeks 9Jul 21, 2012 2:28 pm Don't forget you also have the three to four week christmas shutdown and wet days added to your 34 weeks, with the wet weather we have had this year, that would account for another minimum four weeks, so all of a sudden your 34week contract is minimum 42weeks! Re: builder has taken over 34 weeks 10Jul 21, 2012 4:44 pm lol... don't bother asking for penalty payment right away without understanding why the build is delay. there is always an excuse to get by, such as weather too wet, too cold, too hot, too nice to carry out work, council not approving plan in time, neighbour blocking your building site, a possum live on site and RSPCA won't approve it's removal etc etc. once all execuses exhausted and builder admitted they had a major delay, then you may start asking for your money. Re: builder has taken over 34 weeks 11Jul 21, 2012 5:47 pm Builder is required to nominate construction time in the contract and that should include holidays and wet weather. Builder is entitled to extensions of time due to variations and (reasonable) causes beyond his control. Once contract time has been adjusted and the builder is late you have automatic right to liquidated damages to be deducted from final payment. Any dramas, get professional help. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: builder has taken over 34 weeks 13Jul 21, 2012 9:45 pm Does the $50 days apply to working day? It usually does, which is why 50 x 5 = usual $250 per week. But as others have said, check whether any other legitimate extensions or delays, and that you and builder are calculating from the same start date. Usually it should be when site work commences (which in most books means site cut, but for our silly builder he keeps saying slab ). Perhaps you could mention to your builder that you have started calculating build completion date and ask him to verify when he thinks it is, just to put the wind up him? SunshineT's Build: viewtopic.php?f=31&t=34585 Designs start: 4/12/09 DA: 5/7/11 Demo: 22/12/11 Slab: 24/2/12 Keys: 31/8/12 Re: builder has taken over 34 weeks 14Jul 21, 2012 9:47 pm building-expert Builder is entitled to extensions of time due to variations and (reasonable) causes beyond his control. Thanks for that reminder. I was aware of extensions for rain days, but had forgotten extension due to client variations / requests along the way that might delay things a little again... SunshineT's Build: viewtopic.php?f=31&t=34585 Designs start: 4/12/09 DA: 5/7/11 Demo: 22/12/11 Slab: 24/2/12 Keys: 31/8/12 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 8702 Can someone please offer some advice? Im DESPERATE. Because I'm completely and utterly exhausted. How long are variations taking with other companies at the moment? We… 0 18435 I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15244 |