Browse Forums Building A New House Re: HIA contract - 21 days to go to site from Building Permi 2Apr 08, 2021 10:45 am Sounds like the Builder can't get trades to start at the price he's allocated for your Build Pity, your Builder isn't a Jack of All trades (Humour) Unfortunately, you'll be waiting a long time and you don't have grounds to terminate as yet , in the meantime, Cost are increasing while there is a contract in Place Cheers Chris Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: HIA contract - 21 days to go to site from Building Permi 3Apr 08, 2021 10:58 am StructuralBIMGuy Sounds like the Builder can't get trades to start at the price he's allocated for your Build Pity, your Builder isn't a Jack of All trades (Humour) Unfortunately, you'll be waiting a long time , in the meantime, Cost are increasing while there is a contract in Place Cheers Chris I think it's due to homebuilder grants and them being swamped as well. What can I do in this situation. The HIA contract is a legal document so I have rights surely Re: HIA contract - 21 days to go to site from Building Permi 4Apr 08, 2021 12:36 pm curious as to what your end game is here. yes there is a wait, but you're going to have to wait for any builder in this climate and if you start fresh with a new builder you're probably going to have an even longer wait, having to go through the process again from the start. So the way I see it: - You are either trying to get out of using this builder and invalidate the contract - You want to try and negotiate some added extras and if this is the case only speaking to the builder is going to get you the answer. Based on what you're trying to achieve, may help narrow the responses. Re: HIA contract - 21 days to go to site from Building Permi 5May 12, 2021 4:46 pm JackHomeBuilder Hi all, 21 days is up since i got my building permit and my builder is nowhere close to going to site. I have followed them up at the 7 day mark & the 14 day mark, just to be told "soon", now at the 21 day mark i was told I'm still 2 weeks away! And basically told tough luck. They also said it doesn't include weekends... which is a load of nonsense Until i mentioned the clause in the HIA contract is 21 DAYS, not business days. They quickly changed their tune and were apologetic but this gets me nowhere, as the deadline is here with nothing to show for it. They're saying they'll hand my file on late next week which is still not good enough, that should've been done a week ago. I know everyone is busy (I'm in the industry) but they haven't communicated and have left me annoyed. What are my rights in this situation? I know they are in breach of contract but what can i do? Hi. You didn't mention which particular HIA contract you're dealing with and where you're located. But if you're in NSW, and your HIA contract is NSW Residential Building Contract for New Dwellings (the May 2017 version), you have the option of terminating the contract due to breach on the part of your builder. You might look at clause 12 Commencing the Building Works. And you might consider if you have satisfied the clause 4 Essential Matters. If you satisfy these requirements then you might get legal advice about your rights to enforce the contract. For example, you might get advice about sending a breach notice to Builder under clause 27.1(b) Ending the Contract - Breach. Probably best to speak with a Contracts Construction Lawyer if you head down the legal enforcement path. Cheers John Dela Cruz Get sound legal advice. We manage Building Disputes, Construction Contracts, Security of Payment. PM for queries. https://www.contractsspecialist.com.au/articles/ Re: HIA contract - 21 days to go to site from Building Permi 6Jun 09, 2021 1:27 pm Hi , I'm kind of in the same boat but pre-commencment date. I've signed the HIA building contract in MArch 2021. Land was registered and I've settled on 15th May. My anticipated building commencment date is 30th July. Builder still didnt lodge with council for building approvals and I'm sure I wont get everything done with banks commencement letter by 30th July. I've done all in my power to submit all documents I could but now its up to government to issue building approvals. That could take months. I'm I out of options to extend the contract without any penalties? In QLD commencment clauses: 2.1 (f) :the builder receives all permissions, consents and approvals required from the relevant statutory or other authority under Clause 2.3, Clause 2.3 - ---- The party named in item 10 (BUILDER) of Schedule 1 is responsible for obtaining any planning approval, building permits and/or statutory consent that is required for the contract works. The party obtaining such approvals must take all reasonable steps to do so by the anticipated start date. 2.4 If the builder is the party named at item 10 (BUILDER) of Schedule 1, the owner must sign all documents and do all acts as requested by the builder to obtain all permissions, consents and approvals required from the relevant statutory or other authority. You talk about deletions, are they variations or PS and PC adjustments? pleas list them 1 17206 8 6494 Unless there is something in special conditions the builder does not have to give you timeline. 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