Building delays can disrupt projects causing frustration and potential legal battles over timelines and quality. At Fox Piper, we specialise in protecting your rights as a homeowner against these disruptions. Our seasoned team has the expertise, experience, and knowledge to navigate the complex legal landscape of domestic building delays. Don’t let setbacks derail your project – reach out to Fox Piper today and get your build back on track.
Building delays refer to any disruptions that hinder the timely completion of construction projects. These delays can result from various factors such as supply chain issues, weather conditions, or contractor inefficiencies, often leading to legal disputes over completion times and quality standards. In Queensland, homeowners are frequently impacted by contracts that favour builders, like the HIA and Master Builders contracts, putting them at a disadvantage. However, the Queensland Building and Construction Commission contract offers more balanced terms, though it is less commonly used.
Regardless of the contract, Queensland legislation mandates consumer protections that cannot be waived. Schedule 1B of the Queensland Building and Construction Commission Act 1991 implies several essential warranties for residential building contracts, including that the work will be carried out:
Our construction lawyers are on hand to enforce your contractual rights and provide you with guidance on how to get your build back on track.
Delays in construction projects can have profound financial and practical consequences for homeowners in Queensland:
It is essential for homeowners to be aware of their contractual rights and obligations to effectively navigate these challenges and ensure timely completion of their building projects.
Step 1
Submit Your Enquiry
Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.
Step 2
Speak with a solicitor
We will take the time to understand your circumstances and give you guidance.
We will speak with you about your matter, give you options, and most importantly potential solutions.
Step 3
Post-consultation email
Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.
Late completion (or liquidated) damages are pre-determined amounts specified in a contract that a builder must pay the homeowner if the build is not completed by the agreed practical completion date due to the builder’s breach of contract. These damages aim to compensate homeowners for financial losses incurred due to delays.
Homeowners can claim late completion damages when the contractor fails to achieve practical completion by the agreed date and the delay is due to the contractor’s breach of the contract.
Unfortunately, many homeowners miss the opportunity to negotiate the amount of late completion damages prior to signing a contract. Builders often set these damages as low as $0 to $50 per day, which may not adequately cover actual losses such as rental costs, additional interest on loans, or extra accommodation expenses incurred due to project delays. It’s crucial for homeowners to seek legal advice to understand their rights and negotiate fair terms regarding late completion damages.
Yes, homeowners can dispute the amount of late completion damages specified in a contract, especially if they believe the amount does not reflect the actual losses they may incur due to delays. Legal guidance can help homeowners assess whether the specified damages are reasonable and negotiate adjustments if necessary.
If homeowners suspect that their builder is unreasonably delaying the project, it’s advisable to document the delays and seek legal advice promptly. Depending on the circumstances, legal remedies such as enforcing contractual terms, negotiating resolutions, or pursuing claims for damages may be necessary to protect the homeowner’s interests. Make a booking with Fox Piper to discuss these remedies.
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