Homeowners, Are you ready to recover from your Builder loss & damage for delay in completion?
Written on 13 September 2024

If you are a Homeowner and you have recently moved into a finished home, after experiencing stressful and protracted building delays, you ought to get legal advice on the value of a claim against your Builder for delay damages incurred between:

1. the contractual date of practical completion; and,
2. the actual date of practical completion.

Here are three issues on which a party should seek legal advice before deciding to commence legal proceedings for the recovery of delay damages.

First, it is necessary to calculate the contractual date of practical completion.  Without knowing the contractual date of practical completion, it is impossible to calculate the overall delay damages incurred.

Second, it is necessary to get advice on the type of recoverable damages arising from the breach of contract.  Equally, it is necessary to find out those damages which cannot be recovered or alternatively, are unlikely recoverable.

Third, it is necessary to get advice on the appropriate forum for commencing litigation, including:

1. the available forum(s);
2. the recoverable damages in the respective forums;
3. the recoverability of costs incurred in the conduct of proceedings; and,
4. the estimated length of the proceedings.

This article/post is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, instructions or all of the relevant facts and/or circumstances. Will Vogt or Vogt Legal accepts no responsibility to any persons who relies on the information provided on this website.