Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 32

    (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.