Fair Trading NSW Building Contract
For illustration purposes only.

Delay in home building

There is Delay when construction takes longer than the period agreed upon in your contract. In the Fair Trading Home Building Contract for Work Over $20,000, you will see how long the building process should be.

You can do this by referring to the clauses on:

  • Commencement of Work
  • Time for Completion
  • Extension of Time, and
  • Completion of Work
Fair Trading Contract NSW Commencement of Work Clause
For illustration purposes only.
Fair Trading Contract NSW Time for Completion Clause
For illustration purposes only.
Fair Trading Contract NSW Extension of Time Clause
For illustration purposes only.
Fair Trading Contract NSW Completion of Work Clause
For illustration purposes only.

Statutory Warranties

Additionally, the Fair Trading home building contract sets out the Statutory Warranties that require a Builder to finish construction by the date agreed upon, or within a reasonable time. These Statutory Warranties are provided by NSW law (Home Building Act), and parties may not opt out of them.

Fair Trading Contract NSW Statutory Warranties
For illustration purposes only.

When is there Delay?

There is Delay when construction is not completed within the Time for Completion agreed upon in the contract.

When Delay turns to dispute

Delay turns into a building dispute if the Delay is not covered by a Notice for Extension of Time under Clause 7 of the contract.
Fair Trading Contract NSW Construction Delay
For illustration purposes only.

How to settle dispute from Delay

The first step in resolving any residential construction dispute is to put in genuine effort to talk and come up with a solution that is amenable to both parties. Open, honest communication is key.

If efforts at amicable negotiation fails, recourse may be had under the Fair Trading contract’s dispute resolution clause.

This involves sending the Builder a written notice containing the items in dispute. This will be followed by an informal attempt at dispute resolution. If that fails, the parties may undergo mediation, expert appraisal of work, or similar.

Fair Trading Contract NSW Dispute Resolution Clause
For illustration purposes only.
If after undergoing the above, the dispute remains unresolved, you have recourse with the Office of Fair Trading, the NCAT, and the courts – in that order.

How we can help

Contracts Specialist is a Construction Law firm with over ten years experience. We have the necessary expertise and skill set to help you in matters involving residential building contracts and building disputes. If you require assistance with construction matters, feel free to give us a call. First consult is free.