Building Contract help please.

[Brojac]

My fantastic better half and my self are building two houses at the moment and they are really behind schedule(no she is not standing over my left shoulder!). Does anyone have experience with a New Home Contract in Queensland regarding the late completion clause?
How do you invoke penalities ect? The houses were due to be completed on the 16th of May and I think they are two months off at least. Penality clause is $196 per day. Mostly due to rain which has 10 days allowed.
Please help.
Many thanks.
Brojac

 

[phm]

Hi Brojac

This problem might be one for the solicitors, I think.

 

[JoannaK]

Speak to the Master Builders Association in your state. They will be able to assist you with anything in the contract.

 

[manny]

Just a quick tip, ensure you have the start date clearly defined in the contract, which is basically the date the builder comes onto your site & pegs it for the slab guys... I learnt the hard way, as you may need evidence that the job did commence then (especially when you have a completion period defined, ie. 4month completion & hypothetical 20 day allowance for delays, etc...)

From what you said, you should be entitled to some reduction of your final payment assuming you have an agreed start date &/or agreed completion date (date you mentioned)... in some cases I have seen they were able to settle with the help of a solicitor & the builder had to honour his/her agreement & paid the $$$ penalty...

Cheers,

MannyB.

 

[Brojac]

Hi Manny

The contract has a date and a start date. The builder was late starting but due to his own created problem, nothing to do with us or the site.
I have tried dealing with the HIA and master builders before but they are only really helpfull if you are a builder not a owner.
I think previous advice of seeing the lawyer is the go.

Thanks everyone for your information and help

Regards

Brojac

 

[manny]

Hi Brojac,

visiting a solicitor sounds good to me & as they did commence the project late I'm not sure how the solicitor will interpret it but I personally think you should gain out of this (there is a possibility he may have to pay for your solicitor's fees as well)...

Good luck & keep us informed on how you go...

Cheers,

MannyB.