Discussion in 'Development' started by peterpan, 2nd May, 2020.
Have gone past Practical completion date, can I start claiming Liquidated damages?
Has the builder submitted their EOT claims? Has the opportunity lapsed?
Has the builder completed the variations?
What triggers the liquidated damages?
Are the LDs realistic or are they a penalty?
What form of contract?
Still considering EOTS
What do you mean by has the opportunity lapsed?
Variations not completed but EOT will be considered
The adjusted Practical completion date triggers the liquidated damages
LDs are realistic half of the rent, we would have gotten. Should have been more
I would be thinking about things like:
- how far off completion are you?
- how good/bad is your relationship with the builder?
- are they likely to continue trading?
- how responsive are they generally?
- are you happy with the build in general?
- will you need them to fix defects in the future?
- how much are the liquidated damages?
- has the builder been reasonable, or unreasonable during the build?
completion 6 months to one year. It has been very slow
Relationship was good but it has deteriorated since we have started questioning why our build has been so slow
Concerns about their liquidity. How can I found out this?
Not very responsive
Will hit with variations at every opportunity
I dont think they will be around to fix defects
Very unreasonable during build
The contract has strict timeframes for submitting and approval of variations.
Company Credit Check | Equifax | Business Credit Express
Separate names with a comma.