Hi all, was just wondering if you could help. My cousin is doing a new build with abode homes and they still have not completed the dwelling two and a half years after initially starting. She was 55 days late on the first progress payment which she paid $1300 damages to the builder and the building was commenced a couple of weeks later. From reading her contract the building should be completed 200 days after commencement with up to 70 days misc, 55 days late on progress payment and 21 days in which the builder has to recommence work. So in total that is 346 days. Therefore they are over 500 days late on the build. She has a liqudated damages clause of $250 per week which the builder denied having to pay because she was late on her progress payment. So my question is, is she still eligible for the liquidated damages????sorry for the long winded story!!!!
Liquidated damages
- Thread starter Calhoonbafoon
- Start date
Best a question for a lawyer.
so she abided by the contract and paid damages, but the builder doesn't wanna do the same? Unless it says something specifically in the contract that liqudated damages clause in the contract is viod if she makes a late progress payment then i'd still see the builder as liable.
I'd be getting some professional advice on this one
so she abided by the contract and paid damages, but the builder doesn't wanna do the same? Unless it says something specifically in the contract that liqudated damages clause in the contract is viod if she makes a late progress payment then i'd still see the builder as liable.
I'd be getting some professional advice on this one
Stupid question but why is it taking 500 days extra to build a house (assume it is a house) whats the issue.
Why was a progress payment made before any work was commenced? do you mean a deposit? if its a progress payment what does the contract say?
I would not be paying any progress unless the stage has been met. Has your cousin kept all the paperwork ie progress payment claims by the builder etc.
At this stage I would get a lawyer.
Brian
Why was a progress payment made before any work was commenced? do you mean a deposit? if its a progress payment what does the contract say?
I would not be paying any progress unless the stage has been met. Has your cousin kept all the paperwork ie progress payment claims by the builder etc.
At this stage I would get a lawyer.
Brian
