Contracts – Contract Period
In your house building contract it will quote a Building Period. This starts when the contractor actually starts work (Site Clearance)
The period will be in days. (Calendar days not working days)
The time should allow for any expected loss of productivity due to:
- None working days including
- Public Holidays.
- Rostered Days Off.
- Christmas and Easter shut Downs.
- Inclement weather including;
- Heavy Rain.
- Waterlogged site following heavy rain.
- Strong Winds.
- Excessive Heat.
An example would be my last Building Contract………… This had a time for completion of 260 days which included allowances of:
- 25 days due to inclement weather.
- 71 days for weekends Rostered days off etc.
The only time the builder has ground for extending the contract period is if: there has been unexpected delay that could not have been reasonably predicted. Such as:
- Industrial Action – May be at a suppliers factory or be be something like a truck drivers strike.
- More Inclement Weather – For instance a much wetter winter than average.
- Delays Caused By You – Asking for Variations after contract signed, or not getting permits in agreed timescale, are examples.
If the builder want to claim an extension of time due to an unexpected delay he has to tell you of the delay as soon as he becomes aware of the delay.
Putting in a claim for an extension to avoid Liquidated Damages at the end of the contract is not acceptable.
For similar posts see Contracts