Delays — Claiming EOTs and Variations under Your Contracts

Variations to contract and delays, especially in relation to owner indecisiveness, are an ongoing issue for builders and have a significant impact on:

• timing and progress of building works; and
• the cost incurred with variations.

Members are reminded to:

• Discuss with your clients the potential delays that may be experienced early: in some instances, contracts may need to be varied or extended.
• Where contracts need to be extended, ensure you issue any delay and extension of time notices within the prescribed period (being 5 Business Days of the delay occurring under the MBA ACT Home Building Contract 2020).
• Where contracts need to be varied, ensure you issue any variation notices using the process prescribed in the contract (being a written variation notice before works are carried out including a written cost variation notice under the MBA ACT Home Building Contract 2020).