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21Delays & Time

Notice Periods

Many building contracts require you to give written notice within a set number of days if you want to dispute something - a defect, a delay or a variation you did not agree to.…

Notice Periods

Many building contracts require you to give written notice within a set number of days if you want to dispute something - a defect, a delay or a variation you did not agree to. Miss the deadline and you may lose the right to raise it.

Notice deadlines are common

Contracts frequently impose short periods for raising disputes, claims or objections.

Missing them can be fatal to a claim

A late notice may mean you lose the right to raise the issue at all.

They apply to several situations

Defects, delays, variations and payment disputes can each carry their own notice requirements.

Form and service matter

The contract may specify how and to whom notice must be given. An informal message may not be enough.

Build a reminder system

Because these clauses are easy to miss during a build, track key deadlines from the outset.

Questions to ask before signing

What notice deadlines does the contract impose? For which issues? How must notice be given and to whom? What happens if I miss a deadline?

The key lesson

Notice periods can quietly extinguish your rights. Know the deadlines and the required method before a problem arises.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

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