Claiming EOTs for the Christmas Shutdown Period

Members are encouraged to ensure that they are familiar with the terms of their building contracts as it relates to Christmas shutdown, and what is required by them to notify an extension of time(EOT) claim under the relevant contract.  Under the MBA ACT Home Building Contract, Christmas shutdown periods are not excluded from the Construction Period. This means that unless these days are claimed under an EOT, they will count towards the Construction Period, as defined in the contract.

The ACT Home Building Contract, at clause 13, provides the list of delays that a builder may claim an extension of time for, as well as the process for notifying the client of the extension of time being claimed and the entitlement for costs, where applicable. It is important that you make a claim in accordance with the process described in your contract to ensure that the Christmas shutdown period does not count towards the Construction Period.

Where you are using another contract, looking at the clause relating to delays and extensions of time will provide you with all the necessary information you need to allow you to make an extension of time claim. If in doubt, we encourage you to contact us or to seek independent legal advice relating to your rights and obligations.

If you are in doubt as to what is required to make an EOT claim, please reach out to the member services team on (02) 6175 5900.