So I'm after a bit of contract advice. We are currently building (have plans with) with a medium sized volume builder. We put down a 1k deposit April 2014 and signed the HIA contract June 2014. 7 months later they still haven't applied for the building contract... There have been a few issues with council but a lot of the time has been 'finalising plans' and 'things take time, we will get to it'. Im starting to get frustrated.
My question relates to the HIA contract itself. Schedule 1 gives time for completion as 242 days. Clause 19 gives 30 days for planning permit and 30 days for building permit.
So... the first HIA advice hotline guy told me that the 30 days for planning permit start from signing of the contract (June2014), then 30 days for building permit and then you start counting the 242 days.ie. 30 +30 +242 from June. No building has to commence for you to start counting these days- according to him.
The second HIA advice lady told me that the 242 days don't start until commencement of works on the site.
Does anyone have any idea who is right?
Any help/ light on the situation would be beyond fantastic
Thanks : )