Browse Forums Building A New House Re: Extension of Time Claim - Building Period Already Elapse 7Jan 19, 2020 7:10 pm benwardbourton I concur with you MClark. The EoT in response to the xmas closure alone. The builder shouldn't even be on site (and we should have been enjoying our new home for a while now). Variations aside, there are reasonable allowances for Holidays, RDO's, inclement weather and the like within the agreed building contract period. Beyond this its unreasonable to expect we foot the bill for additional non-work days when the builders fails to complete the works on time. Cant find anything in the legislation or contract that suggests the builder is entitled to some further relief beyond the contract expiry date. Cheers That is correct, best of luck. Registered Building - Always happy to help where I can and simply loves the game. DM me if you need help in VIC. Re: Extension of Time Claim - Building Period Already Elapse 10Jan 20, 2020 8:38 am What’s the contract liquidated damages amount per working day. I assume it must be a reasonable amount if the builder had submitted the extension claim (since withdrawn)? Re: Extension of Time Claim - Building Period Already Elapse 12Jan 20, 2020 9:50 am It seems your builder is fair and reasonable with this amount. Most volume builders using HIA form contracts would have only around $200 per week, less rain days, causing significant financial cost and stress for owners in similar circumstances. Make them do it properly, they should work with urgency at $1000 per week. Re: Extension of Time Claim - Building Period Already Elapse 13Jan 20, 2020 10:05 am We negotiated the contract duration and penalties openly with the builder during contract signing. i.e. we accommodated additional time for the building period, within the contract, and increased the damages payable for not meeting the agreed program. We assumed this increased damages amount would contribute on some level to ensuring the builder would complete works on time, however given the fact we are likely to exceed the building period by more than 8 months, apparently not the case. Re: Extension of Time Claim - Building Period Already Elapse 14Jan 20, 2020 10:29 am Agree, perhaps the builder did not realise the $1,000 per week clause until recently! On my recent Metricon build, which was delayed 10 months by them I had contract liquidated damages of $150 per week and my expenses were about $1,500 per week. This situation is typical unfortunately. Re: Extension of Time Claim - Building Period Already Elapse 15Jan 20, 2020 10:38 am I've wondered this myself recently. I wont be reminding them if that's the case. We are so far behind now that a few more weeks in the grand scheme of things isn't going to kill us. I'd prefer the product finished right in lieu of finished quickly. Cheers you need to understand the breakdown of warranties. 90 warranty is considered as minor defects rectification period where as the longer ones are more major/structural… 1 5676 I apologise for any confusion, but your understanding is correct. We approached our situation differently based on advice from… 11 54467 1 9686 |