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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).