Fixed Business Contract, the builder is asking for nearly 100k more what can I do?

I don't disagree with you.
I've never had a land titling issue because I've never titled land but have had delays with council before

It must be a fairly common occurrence but demanding that much money or else he won't proceed doesn't sound like a common/ reasonable situation

 

It's actually quite common in the past 12mths which is why most HIA construction projects have a number of 'outs' but it must either be a very expensive house or more than 1 because generally builders try and keep the price rise to a percentage. I doubt it's a $200k house build that has risen $92k.

Contracts can't be fixed for more than xx days for things that are outside the control of the builder. It might be harsh for a customer who is relying on that but it is fair. Quotes and contracts should only be valid for a set time. If the building price went down the customer could terminate this contract if it was outside the fixed time and go find a cheaper builder or say to the builder I will terminate if you don't lower the price.

 

Well if the build is $1000000 and a 92 k increase for a big delay in land title I would say is reasonable. Not sure what the legalities are if push came to shove

 

OP, what was the original build price?

 

I'd also be reviewing the land purchase contract, every contract has contingencies (get out clauses).
Why is it always land titling the gets delayed by months/years ?
Yet no one allows for these delays .....

 

A lawyer will be able to tell you if you have an enforceable contract.
Contracts can expire due to time.
Did you pay a larger than normal deposit to indicate your strong intention do to business?

Business law 101 was studied a life time ago.

 

So you think the builder should just build the property at a loss?
Most build contracts state that the price is only fixed for a certain period, usually 60 days in my experience, that's their get out clause.
Builder didn't 'make a boo boo' if the cost of materials from their suppliers increased it's out of the builders control.
People really need to read their contract before signing them, 'Fixed Price' doesn't mean fixed price forever, that would be ridiculous.

 

originally I had missed the point about the delay in land titling being outside what was stipulated in teh contract or if it was included or not,

if the delay was outside what is agreed then yes I agree then the builder shouldnt build at a loss but the remedy I do not know, what is appropriate

 

So based on the above your "quote/contract" that you haven't paid any deposit toward is no longer valid "being outside what was stipulated in the contract".
Should you seek other quotes for the construction I'd be very surprised if they come in less than what your builder is offering.
In fact I'd be be looking to fix this agreement ASAP (based on no further increases) and locking it in by paying a substantial deposit to secure the agreement yesterday (based on recent building material price increases !!!!).

 

I missed the no deposit bit too
I assumed a deposit had been paid

I'm starting to look like a silly sausage aren't I

 

Not at all
The entire development process is a learning curve
Even @Westminster (and others) have admitted to rookie errors after many projects
The BEST bit about this forum is sharing mistakes so others can learn from them (hopefully in advance) to avoid or minimalize the financial cost and delays caused
Few of us here are property lawyers, but many have experience.
The "contract" is everything (Even though there's various parts not worded for a be layman to understand....).
Feel free to share your entire story so that this small community of friends may benefit (Even though you may only see the current cost).
Good luck moving forward

 

Truly Exotic isn't the OP though, they were just giving their opinion and didn't quite realise the nuances of what the OP had said (no deposit, excess time)

 

ive only had experience in a couple of small scale projects but admittedly didnt know deposit-less contracts existed. we ran into problems at every step but they were just "pull your hair out and move on" ones. Admittedly my opinion of tradies got worse as the majority of the problems were caused by them

I remember my very first reno, was planning 10-14 days, I think it took 6-7 weeks!