Building material and trade supply issues are an ongoing issue for builders into 2022 with supply shortages having significant impact on:
Members are reminded to:
The MBA ACT Home Building Contract has provision for the Builder to increase the Contract Sum if any delays result in an increase to Actual Costs. We recommend you review clause 13 and 15 of the contract.
The ACT Home Building Contract, at clause 13, provides the types of delays that a builder may claim an extension of time for as well as the process for notifying the client of the extension of time being claimed and the entitlement for increase in actual costs, where applicable. It is important that you make a claim in accordance with the timing and process described in your contract and members are encouraged to ensure that they are making claims for extensions of time under building contracts correctly. The IR and Legal Team have been fielding a number of calls about whether EOTs can be made later than when they occurred.
Where you are using another contract, you should review the clause(s) relating to delays and extensions of time as these 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.
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.