The contract will outline the agreed-upon period for construction, and clauses will cover the commencement of work, time for completion, extension of time, and completion of work. If construction takes longer than the agreed-upon period, then it's considered a delay.
The Fair Trading home building contract also includes Statutory Warranties that require the builder to finish construction by the agreed-upon date or within a reasonable time. These warranties are mandated by NSW law and cannot be waived by either party.
If construction is not completed within the time for completion agreed upon in the contract, then a delay has occurred. The delay turns into a building dispute if it is not covered by a Notice for Extension of Time under Clause 7 of the contract.
The first step in resolving any residential construction dispute is to communicate openly and honestly with the builder. Both parties should work together to come up with a solution that is acceptable to both parties. If efforts to reach an agreement fail, then the Fair Trading contract's dispute resolution clause may be used.
The dispute resolution clause involves sending the builder a written notice that outlines the items in dispute. The next step is an informal attempt at dispute resolution. If this attempt fails, then mediation, expert appraisal of work, or similar methods may be used.
If the dispute remains unresolved after undergoing the above steps, you have recourse with the Office of Fair Trading, the NCAT, and the courts – in that order. It's important to note that the contract is legally binding, and both parties are expected to adhere to it.
Contracts Specialist is a Construction Law firm that has over ten years of experience in helping clients with residential building contracts and building disputes. If you require assistance with construction matters, please feel free to reach out to us. The first consultation is free, and we have the necessary expertise and skill set to help you.
In summary, delays in home building can be addressed with the NSW Fair Trading Home Building Contract for Work Over $20,000. The contract outlines the agreed-upon period for construction, Statutory Warranties, and clauses that cover the commencement of work, time for completion, extension of time, and completion of work. If a delay turns into a dispute, both parties should communicate openly and honestly to resolve the issue. If efforts to resolve the dispute fail, then the Fair Trading contract's dispute resolution clause may be used. It's important to remember that the contract is legally binding, and both parties are expected to adhere to it.