Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 32

Builder must make allowance for delays in time estimates

32. Builder must make allowance for delays in time estimates



(1) In calculating the date when work will be finished (or how many days will
be required once it is started) under section 31(1)(i), a builder must make
the following allowances-

   (a)  an allowance for inclement weather and the effect of inclement weather
        that is reasonable having regard to the time of the year when the work
        is likely to be carried out; and

   (b)  a reasonable allowance for weekend days, public holidays, rostered
        days off and other foreseeable breaks in the continuity of the work;
        and

   (c)  an allowance for any other delays that is reasonable having regard to
        the nature of the contract.

Penalty: 50 penalty units.

(2) A builder must ensure that the contract sets out how many days have been
allowed under each category of allowance listed in subsection (1).

Penalty: 50 penalty units.

(3) If it is not possible for a builder to adequately estimate the period of a
particular likely delay for the purposes of subsection (1)(c), the builder may
comply with that subsection with respect to that likely delay by identifying
the likely cause of delay in the contract and stating in the contract that it
is not possible to adequately estimate the period of the delay.