Browse Forums Building A New House 1 Aug 16, 2012 4:42 pm Hi All, We are currently in the final stage of our KDR with WH. Our site start was on 09/12/2011 and the original estimated PCI date is 07/08/2012 with a 30-week build time. I have asked our construction manager on the number of rain days that we are expecting them to claim and he came back with 101 days total contract extension (includes industry shutdowns and holidays). WTF?! Has anyone experienced the same thing? Cheers, Chris Re: Rain days 2Aug 16, 2012 5:06 pm Hi ErevisCale
Recommend you double check your HIA contract. I am not in the legal profession so be wary of my advice, it's just my 2cents. Have you checked your HIA contract? If not look at: Schedule 1 item 1- Building Period: it lists time to complete and includes weather, holidays, shut downs, weekends etc etc... It's usually written in days (calendar not business days) so get the site start date and add whatever is written at item 1, this is your completion date. If the 7/8/12 is written in your contract then this is the completion date and unless the builder has made any written request for an extension of time then there is no extension of time and the build should be complete. The builder is required to provide written notice to the owner requesting any extension of time. Such written notice must be provided within a reasonable time of the actual "event" and if the owner disagrees with the request to extend time then the owner can dispute the extension. If the delay has caused the building period to exceed Schedule 1 item 1 then the builder is required to pay liquidated damages as agreed in Schedule 1 item 9- only if there is no extension of time registered. Section 34.1 - the builder is to give the owner a written notice informing the owner of the extension of time. The written notice must state the cause and extent of the delay. Section 34.2 - Owner can dispute extension within 7 days. good luck. Re: Rain days 3Aug 16, 2012 5:07 pm If you are building under a HIA contract look under SCHEDULE 1 The building period (260 days) SHOULD include: An estimate for inclement weather (25 days) Weekends, public holidays, rostered days off and other foreseeable days (71days) The figures in brackets are the allowances in my last build. For more info see: http://www.anewhouse.com.au/?p=2749 The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Rain days 4Aug 25, 2012 6:24 pm no matter what, the odds are your builder is right. let him explain it. every contract is different. leighton Re: Rain days 5Aug 26, 2012 9:36 am leighton no matter what, the odds are your builder is right. let him explain it. every contract is different. leighton As a builder you seem to be taking the builders side. ErevisCale he came back with 101 days total contract extension (includes industry shutdowns and holidays) If the builder is claiming extensions for industry shutdowns and holidays he is trying it on .....These are both predictable events that should have been included in the initial construction period. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Rain days 6Aug 26, 2012 10:06 am Because you are building with Wisdom H it is most likely that they used HIA contract that is already biased and on top of that probably they put in Builders Conditions clause 1.1 that they would notify you of any extension at PCI what is ridiculous as you have to plan your loan repayments, rent etc. They would pay peanuts for being late and not even close to what you would pay if late. But that is a lesson we learn hard and I think that ACC should do something but unfortunately most of us go trough this once in a life and don't complain. I bet they give you the copy of the contract only after you paid substantial amount for tender,drawings etc so you don't have much chance to negotiate. Re: Rain days 7Aug 29, 2012 3:51 pm wogboy Because you are building with Wisdom H it is most likely that they used HIA contract that is already biased and on top of that probably they put in Builders Conditions clause 1.1 that they would notify you of any extension at PCI what is ridiculous as you have to plan your loan repayments, rent etc. This exactly what WH came back with. Builders Conditions clause 1.1 really takes the cake. Really puts your schedule off. Just imagine being told on your PCI that "by the way, the house won't be ready until in 3 months' time". wogboy They would pay peanuts for being late and not even close to what you would pay if late. But that is a lesson we learn hard and I think that ACC should do something but unfortunately most of us go trough this once in a life and don't complain. I bet they give you the copy of the contract only after you paid substantial amount for tender,drawings etc so you don't have much chance to negotiate. Spot on. Copy of the contract was only provided after a substantial amount was paid to them. By then, either proceed with the contract or pull out. Not really much of an option. Re: Rain days 8Aug 29, 2012 8:30 pm Just to throw this one out there - it was a rather wet summer/early Autumn in Sydney wasn't it? I remember anecdotes from people building up there regarding them copping a lot of rain (including several significant downpours) so I suspect that a lot of construction jobs might have been delayed for extended periods over that timespan. I'm not saying that's necessarily the entire cause in the OP's case (101 days still sounds a bit iffy and it doesn't include the xmas shut down or public holidays based on my quick count from the start date through to the estimated completion date), but if it has been wetter than normal up there then it's not so hard to imagine how the jobs could have started piling up. The standard HIA contract does include provisions which indemnify builders against delays that are beyond their control (this extends to bad weather and associated ongoing delays as well things such as supplier delays) - if the situation in Sydney wrt construction jobs being continually delayed due to weather was half as bad as I suspect it was during summer/early autumn 2012 then I'm not totally surprised to see large-ish extensions to contract periods. Some people apparently have nothing better to do than comment on other people's sigs. 8 6156 I'll be here once a week, lets make that Mondays. If you have a question, this will be the day I will log in for a look around.. If your lucky, sooner. Ask away...… 0 6371 Hi, does anyone have any experience with using Trex rain escape or EPDM rubber to waterproof a deck so you have dry space underneath. Popular in the US and realize that… 0 3451 |