Reminder: Claim delays for inclement weather

As we enter the Winter season, inclement weather is continuing to have an impact on the progress of building works.

The ACT Lump Sum Residential Building Contract, at clause 13, entitles a builder to claim an extension of time for inclement weather and the consequential effects of inaccessibility to site.  It is important that you make a claim in accordance with the process described in your contract to help mitigate the risks associated with liquidated damages. If you are unsure whether a delay will amount to an extension of the construction period, we recommend erring on the side of caution and claiming an EOT anyways.

Members are reminded that:

• 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 AND issue notices for extension of time where required.
• 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.

If you have any questions about your contractual obligations, please contact the Workplace Relations Team:

📞 (02) 6175 5900
📧 workplace@mba.org.au