Claiming EOTs Under your Contract

MBA is encouraging all members to ensure that they are making claims for extensions of time under building contracts correctly. An extension of time may be claimed by a party under a contract for a variety of reasons such as inclement weather, suspension of works due to non-payment, 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 (MBA contract queries) or to seek independent legal advice relating to your rights and obligations (all other contracts).