Browse Forums Building A New House 1 Feb 11, 2014 4:00 pm Our builder has exceeded the contract build time by 24 days, but only wants to pay out 3 days worth of liquidated damages because of the 21 day Xmas break. Can he do this? It seems to me that Xmas holidays should have been considered in the initial setting of the build time. Any advise would be appreciated. Thanks in advance. Re: liquidated damages Xmas holidays 2Feb 11, 2014 4:38 pm In most Contracts extensions are only allowed for unexpected events and items beyond the builders control. (see http://www.anewhouse.com.au/2012/08/con ... ct-period/) Christmas break up is not unexpected and should have been allowed for. With HIA contracts SCHEDULE 1 normally records the builders estimate for completion. 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: liquidated damages Xmas holidays 3Feb 12, 2014 6:52 am morgan76 Our builder has exceeded the contract build time by 24 days, but only wants to pay out 3 days worth of liquidated damages because of the 21 day Xmas break. Can he do this? lol In the sage words of advice from Darryl Kerrigan - "Tell him he's dreamin!" Completed a knock down and rebuild in northern Melbourne. Handover completed 27/09/2013 and now moved in. Re: liquidated damages Xmas holidays 4Feb 12, 2014 7:23 am Hmm ... our contract, which is based on the standard HIA one AFAIK, specifically mentions 25 days over Christmas between the somethingth and the somethingth-else. There's a section which I would assume to be in every single contract which generically talks about extensions due to weather or whatever; maybe our builder specifically added the bit about time over Christmas. They only claimed 13 of those days, though (each time they're claiming an extension they send us a form listing the days). So check the contract, before thinking it's something you weren't informed of ... I thought the same, ranted to a few people about an industry that could get away with an un-contracted extension just because they wanted to force all their employees to take their leave at the same time, and then re-read the contract & noticed I'd signed a contract with that stuff firmly in print. Re: liquidated damages Xmas holidays 6Feb 12, 2014 7:54 am Ours also specified 28 days for Christmas. The day that is listed in the contract is the day they have committed too.... if they forgot to add in an allowance for Christmas, not your problem. Re: liquidated damages Xmas holidays 7Feb 12, 2014 8:55 am Ours was built over this period - and the times were extended accordingly. Compare their date with others - ie the number of days to build. This should show whether Christmas was included. Re: liquidated damages Xmas holidays 8Feb 12, 2014 1:32 pm Were they actually shut down over christmas, or are they just trying to get out of paying the cash? Our builder tried to tell us they were shut till the 20th, then I discovered they were building a house 3 doors up from ours and were there from Jan 6th! It worked for me in getting all non notified rain days removed from the builders claim, although the LDs was only $50/day 7 5861 How long is a "long period"? For a few weeks, it should be ok. It also depends on the area you live in...I would let your neighbours know that you will be away too and… 1 28544 |