NSW 2009, Australia

100 Harris St, Pyrmont

24/7 Customer Support

Mon - Fri: 8:00 - 18:00

You can call us 24/7 for urgent matters

Understanding Extension of Time Clauses in Construction Contracts: Lessons for Homeowners

Homeowners who engage contractors to undertake construction work on their property must be aware of the various clauses that are commonly included in construction contracts. One such clause is the extension of time clause, which deals with the circumstances in which the contractor may be entitled to additional time to complete the work. This article will examine the recent case of Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd [2021] NSWSC 290, and provide guidance to homeowners who may be facing similar issues.

Understanding Extension of Time Clauses

Extension of time (EOT) clauses are a common feature of construction contracts, and they provide a mechanism for contractors to seek additional time to complete the works if certain events occur. The events that trigger an EOT claim will usually be set out in the contract and may include factors such as adverse weather, delays caused by the client, or unforeseeable site conditions.

Lessons for Homeowners

In the case of Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd [2021] NSWSC 290, the subcontractor was unable to rely on the prevention principle to claim for an EOT because it failed to comply with the procedures for submitting an EOT claim. As such, homeowners should be aware of the following lessons when dealing with EOT clauses in construction contracts:

Understand the EOT clause: Homeowners should ensure that they fully understand the EOT clause in their construction contract, including the circumstances that may trigger an EOT claim, the procedures for submitting a claim, and any conditions precedent that must be satisfied.
Comply with the procedures: Homeowners should ensure that they comply with the procedures for submitting an EOT claim, including providing the required notice and supporting documentation within the specified timeframe. Failure to comply with the procedures may result in the contractor being unable to claim an EOT.
Seek legal advice: If a homeowner is unsure about any aspect of the EOT clause or the procedures for submitting a claim, they should seek legal advice. A lawyer who specialises in construction law can provide guidance and advice on the homeowner’s rights and obligations under the contract.

Conclusion

Extension of time clauses are an important feature of construction contracts, and homeowners must be aware of their rights and obligations under these clauses. By understanding the EOT clause, complying with the procedures for submitting a claim, and seeking legal advice when necessary, homeowners can protect their interests and avoid costly disputes with their contractors.

If you need legal advice or assistance with your construction contract, contact our Contracts Specialist today. Don’t hesitate to take the necessary steps to protect your investment.

Retirement Planning for Owner Builders: Protect Your Investment

In the scenic expanses of New South Wales (NSW), Australia, the owner-builder route is drawing increasing interest from individuals aspiring to have a direct hand in the creation of their homes. This approach is not only a pathway to potentially lower building costs but also offers an intimate connection to the fabric of one’s living space. However, diving into the construction of your home as an owner-builder is imbued with a blend of opportunities and challenges, especially when intertwined with strategic financial planning and investment protection. This article embarks on exploring the pivotal facets of retirement planning for owner-builders in NSW, emphasising safeguarding investments throughout the journey of constructing your dream home.

Securing Loans with Favourable Terms for Owner Builders in NSW

Embarking on a journey as an owner builder in New South Wales represents a unique blend of opportunity and challenge. Directing the construction or renovation of your own home not only offers a personalised touch but also demands comprehensive planning, especially in securing financing that aligns with your project’s needs. This guide delves into how to navigate the financial landscape to secure the best owner builder loans with favourable terms, ensuring your project begins on solid ground.

Optimising Construction Budgets: Cost Control for NSW Owner Builders

Embarking on the journey of building your own home as an owner-builder in New South Wales (NSW), Australia, is both exhilarating and challenging. It presents a unique opportunity to shape your living space exactly as you envision it, but it also demands a keen eye for budget management and cost control. In this guide, “Optimising Construction Budgets: Cost Control Techniques for Owner Builders in NSW,” we delve deep into effective strategies that can help you stay on track financially. We’ll cover everything from legal considerations to practical tips on managing tradespeople and sourcing materials, ensuring you’re well-equipped to handle the complexities of building your dream home.

Send us a message. We’d love to hear from you.

The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

If you’re a homeowner in New South Wales, it’s crucial to understand Construction Law to protect your investment. This ultimate guide to Construction Law is specifically designed to provide homeowners with essential insights into the legal landscape of home building in NSW.

Send us a message. We'd love to hear from you.

You can be confident that you are getting
the right legal advice.

Contracts Specialist is a Sydney-based construction law firm that deals with Building Disputes, Construction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.

Working hours

• 8am - 8pm Monday to Friday
• Phone until 18:00 hrs
• Friday - 8:00-18:00

Our Address Location

• 100 Harris St, Pyrmont, NSW 2009, Australia
• You can contact us 24/7 for urgent matters
• Email: john@contractsspecialist.com.au

Fill Out the Form to Download

Understanding Extension of Time Clauses in Construction Contracts: Lessons for Homeowners

The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

Understanding Extension of Time Clauses in Construction Contracts: Lessons for Homeowners

Table of Contents

Understanding Extension of Time Clauses

Lessons for Homeowners

Conclusion

Related Articles

Send us a message. We’d love to hear from you.

Send us a message. We'd love to hear from you.

You can be confident that you are getting
the right legal advice.

Working hours

Our Address Location

Understanding Extension of Time Clauses in Construction Contracts: Lessons for Homeowners

Table of Contents

Understanding Extension of Time Clauses

Lessons for Homeowners

Conclusion

Related Articles

Send us a message. We’d love to hear from you.​

Send us a message. We'd love to hear from you.​

You can be confident that you are getting the right legal advice.

Working hours

Our Address Location

Send us a message. We’d love to hear from you.

Send us a message. We'd love to hear from you.

You can be confident that you are getting
the right legal advice.