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Home Building Works Delays


Wet weather and supply shortages are continuing to have an impact on the progress of building works as well as causing an increase in the cost of some materials and trades.

We remind members to:

  • Where contracts are yet to be signed, factor these delays into your construction period and/or date for practical completion.
  • Speak with your clients about the possible delays that may be experienced. In some instances, contracts may need to be varied or extended.
  • Where contracts need to be extended, ensure you comply with the contractual requirements to issue any notices for extension of time. Failure to do so could result in you being liable for liquidated (or unliquidated) damages.

An extension of time may be claimed by a party under a contract for a variety of reasons such as inclement weather, supply shortages, suspension of works due to non-payment, or where there is a delay outside of the control of the builder.

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.

The NSW Residential Building Contract does not have the same explicit provision. If members have ongoing projects using the NSW BC4 contract, we recommend you consider utilising clause 11.

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 you need assistance or advice in how to extend your contract due to trade or material shortages or delays, please contact the Member Services Team on (02) 6175 5900.