Claiming Extension of Time for Inclement Weather

In light of the recent severe weather, builders are reminded and encouraged to claim extensions of time (EOT) under their building contracts for inclement weather. This includes the consequential effects of inclement weather, such as inaccessibility to the site or work health and safety issues that may present.

An extension of time may be claimed by a party under a contract for a variety of reasons such as inclement weather or 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 (all other contracts).

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