Delay in Home Building

When the construction of your new home takes longer than what you and the Builder agreed to in your contract, and the Builder has not sent a Notice for Extension of Time, there is Delay, which may be a source of building dispute.

Check the Building Period

You may refer to your contract’s Commencement of Work and Finish Period to determine if construction is past the deadline.
Building Contract for New Homes Victoria Building Period
For illustration purposes only.
Building Contract for New Homes Victoria Finish Date Form
For illustration purposes only.

Is Delay Always a Cause for Dispute?

No. In cases where the Builder follows the proper procedure for claiming Extension of Time, Delay is perfectly acceptable.
Building Contract for New Homes Victoria Extension of Time
For illustration purposes only.

When does Delay become a cause for dispute?

If the builder exceeds the period for finishing the construction, without having made a valid claim for Extension of Time, Delay becomes a proper subject of building dispute.

How to resolve the dispute

If the Builder incurs Delay, or if you want to contest their claim for Extension of Time, you may refer to your contract’s clause on Dispute Resolution Procedure.

Typically, this involves, first, an honest effort to resolve the matter internally and informally amongst yourselves, without the involvement of third parties. Open and honest communication is key.

If the matter remains unresolved, you may send the Builder a Notice of Dispute, and it will be followed by a meeting to negotiate, with a genuine attempt to resolve the dispute.

If the dispute is not resolved within 10 business days, you may lodge a complaint with Building Advice and Conciliation Victoria, or ask for an inspector to be appointed.

Building Contract for New Homes Victoria Dispute Resolution
For illustration purposes only.
If, despite undergoing the above, the dispute still remains unresolved, you may lodge a complaint with the VCAT, and with the court, if the matter remains in dispute after VCAT hearings.
home building delay guide by Consumer Affairs Victoria

How we can help

Construction Lawyer Melbourne has been in the active practice of Construction Law for more than 10 years now, and has the necessary expertise and skill set to help you with matters involving domestic building contracts and building disputes.