Members are encouraged to ensure they are making claims for extensions of time under building contracts if required for the upcoming Christmas shutdown period. 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.
An extension of time may be claimed by a party under a contract where there is a delay outside of the control of the party making the claim.
The ACT Home Building Contract, at clause 13, provides the list of delays that a builder may claim an extension of time 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.
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 to allow you to make such a 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.