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:

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.

Related Content: Delays and Extensions in Home Building Contracts in NSW

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 contracts 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.

OFT Building Contract Disputes 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.

Relates content: Setting Realistic Project Timelines: How to Avoid Delays and Keep Your Build on Track

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At Contracts Specialist, we understand the intricacies of construction delays and the challenges faced by homeowners in NSW. With over a decade of expertise in construction law, I have consistently advised homeowners on their contractual and legal rights. My experience spans advising on Delays associated with the Fair Trading Home Building Contract, clarifying contract rights, assessing risks, and amending contracts to align with homeowners’ intentions. I proudly represent homeowners in NSW, Australia, and all courts of competent jurisdiction, ensuring their interests are always protected.

Fair Trading Home Building Contract Review Lawyer - John Dela Cruz

If you’re facing challenges related to construction delays or any other contractual issues, don’t hesitate to reach out. Email us for advice or organise a call with our dedicated construction lawyer. Let’s navigate these complexities together and ensure your rights are safeguarded. Take the first step towards clarity and peace of mind by contacting us today.