Can you claim for late access or late approvals?
Often yes, if the contract made the client or principal responsible for the access or approval and the delay cost you time or money. You need to show the date it was due, the date it arrived and what the gap cost.
When late access gives you a right
Most contracts say when the principal must give you the site. Many also say when drawings, permits or sign-offs must arrive. If the date passes and you cannot start, the delay may be the principal's responsibility.
The contract wording decides the right. Some contracts give time only. Others give time plus delay costs.
What to record
- The date access or approval was due under the contract or programme.
- The date it was actually given.
- Every request you made, with the date and who you asked.
- The crews and plant that stood idle or moved elsewhere.
- The activities on the programme that could not start.
Notice and time limits
Contracts set notice periods for delay claims, and a late notice can cost you the claim. Every Australian state and territory has its own security of payment law with its own time limits for payment claims. For example, Queensland uses the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). A payment claim is usually made within 6 months of the work or the contract time if shorter.
Give written notice of the delay as soon as it starts. Then update the notice as the delay continues.
Related answers
Questions
Can I claim if I had other work I could do first?
You may have to show you tried to reduce the delay. Records of re-sequenced work help your case.
Does a late approval from a council count?
It depends on who carried the approval risk under the contract. Check the clause on approvals and delays caused by authorities.
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