Many homeowners assume that delays are simply part of the building process. While some delays are indeed unavoidable, ongoing setbacks without reasonable cause may amount to a breach of contract. Understanding how the law views delays—and what steps you can take—can help you protect your investment and avoid further complications.
Valid delays should usually be supported by evidence and communicated properly. Under most Australian building contracts, a builder is required to provide written notice of delays, specifying the cause and the estimated extension of time needed.
If your builder repeatedly delays the project but fails to follow required notice procedures, you may have grounds to dispute the claimed delays.
When Delays Become Unreasonable
Not all delays are considered equal under Australian Building and Construction Law. A delay becomes unreasonable when:
The builder fails to provide required delay notices
The builder cannot give evidence supporting the cause of delay
The delay results from the builder’s own mismanagement
The builder fails to maintain adequate staffing or resources
The builder’s subcontractors repeatedly fail to attend
The builder abandons the site without explanation
Unreasonable delays may amount to a breach of contract. This allows the homeowner to pursue remedies, depending on the terms of the agreement and the extent of the impact.
Your Rights Under Building and Construction Law
Each Australian state and territory has its own regulations, but the rights of homeowners are broadly similar nationwide.
Right to a detailed construction timelineMost domestic building contracts must include a commencement date, milestones, and a rough completion timeframe. If the builder departs significantly from this schedule without valid cause, the owner may question the builder’s performance.
Right to request written explanationsIf delays continue, you can formally request:
A written notice of delay
Reasons for the delay
Evidence supporting the claim
A recovery plan for getting the project back on track
Builders are obligated to respond in a timely way.
Right to dispute the delayIf you believe the delay is invalid or exaggerated, many contracts allow for dispute resolution procedures, including:
Negotiation
Conciliation through consumer affairs authorities
Mediation
Tribunal applications (e.g., NCAT, VCAT, QBCC)
These processes are designed to resolve disputes without resorting to costly litigation.
Right to claim damages or liquidated damagesMost construction contracts include a liquidated damages clause, allowing the homeowner to claim a daily rate for each day the project runs late.If no such clause exists, you may still claim general damages, such as:
Additional rent
Storage costs
Alternative accommodation
Financial loss resulting from the delay
The key is maintaining records and evidence.
Right to terminate the contractIf delays are severe, repetitive, or amount to abandonment, the owner may be entitled to terminate the agreement. However, this step requires caution. Terminating incorrectly can put the homeowner in breach instead. Legal advice is essential before taking this step.
What to Do When Your Builder Keeps Delaying the Project
Review your contract carefullyCheck the clauses relating to:
Extensions of time
Builder obligations
Delay notices
Liquidated damages
Many disputes can be resolved simply by enforcing the contract language.
Request a formal delay explanationSend a written request for clarification. A professional and documented approach is always the best first step.
Keep detailed recordsCreate a file with:
Emails and texts
Site photos
Notices (or lack thereof)
Copies of invoices and variations
Documentation is crucial if the matter escalates.
Seek an independent site inspectionA building consultant can provide an unbiased view of progress and identify whether delays are justifiable.
Use your state’s building authority dispute servicesMost Australian states offer low-cost dispute resolution pathways.
Engage a Building and Construction Law solicitorIf delays persist or the builder becomes unresponsive, legal support can help enforce your rights and avoid further losses. A solicitor can manage correspondence, assess contract breaches, and guide you toward the best remedy.
Repeated and unexplained delays can cause financial strain and immense frustration. Fortunately, Australian Building and Construction Law provides clear protections for homeowners.
By understanding your legal rights, documenting all communication, and taking timely action, you can minimise damage and regain control of your project.
If your builder keeps delaying your project and you need personalised guidance,
Contact New South Lawyers today. Getting the right advice early can protect your rights, your finances, and your peace of mind.
