Queensland Consolidated Acts

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DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 33

33 Calculable delays

(1) This section applies to the building contractor under a regulated contract in calculating, for section 28(2)(h)--

(a) the date the subject work is to be finished; or
(b) if the starting date for the work is not known--the number of days that will be required to finish the work once it is started.

(2) The building contractor must make the following allowances--

(a) an allowance for the effect of inclement weather that is reasonable, having regard to the time of the year when the subject work is likely to be carried out;
(b) a reasonable allowance for days that are non-working days for the subject work;
(c) for any other matter that is reasonably likely to delay the carrying out of the subject work--an allowance that is reasonable, having regard to the nature of the contract.

Maximum penalty--20 penalty units.

(3) However, the building contractor is required to comply with subsection (2) only if--

(a) for an allowance mentioned in subsection (2)(a)--there is a reasonable likelihood the time required to carry out the subject work will be affected by inclement weather; or
(b) for an allowance mentioned in subsection (2)(b)--there is a reasonable likelihood the time required to carry out the subject work will be affected by the occurrence of non-working days; or
(c) for an allowance mentioned in subsection (2)(c)--it is possible for the building contractor to adequately estimate the period of likely delay.

(4) For each type of allowance required to be made by the building contractor under this section, the building contractor must ensure the contract states the number of days allowed by the building contractor.

Maximum penalty for subsection (4)--20 penalty units.



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