My builder has gone over their completion date and has paid me some liquidated damages. Which is fine. They have calculated the damages they paid me from the proposed completion date to the Pre hand over inspection date. (PCI)
The office lady who's looking after my build told me they have to complete the house within 21 days from PCI otherwise they will re-asses liquidated damages
Well they have not completed all items we marked down on the PCI report. So the house is not completed within 21 days ( still waiting for them to complete some more of those things from PCI)
I inquired this to my builder about further liquidated damages and they responded:
No further Liquidated Damages will apply as your house is now complete and we are waiting on your funds for handover
The contract says:
18.1 Owner’s entitlement to liquidated damages
If the Builder fails to bring the Works to Completion by the Completion Date, the Builder will
pay or allow to the Owner by way of pre-estimated and Liquidated Damages, a sum calculated at
the rate stated in item 17 of the Appendix for the period from the Completion Date until the
Works reach Completion or until the Owner takes Possession, whichever is earlier
But its not completed?
Where do I stand here.. Do I need to keep pushing... ?
To be honest id prefer the house completed but if they are going to take another 2 weeks then they need to compensate me. The house has taken far to long to hand over