Delay Costs Explained: How to calculate liquidated damages & prevent delays when building a home

Most people building new homes in Australia underestimate the cost delays- with the average cost being $4,600 for every month of delay.

Here are simple strategies to avoid costly delays when building a new home in Australia.


What are Liquidated Damages in my HIA Contract?

Liquidated Damages (LDs) are is pre-agreed compensation owed to you if construction extends beyond the agreed building period.

How are Liquidated Damages calculated in my HIA Contract?

In the HIA contract, LDs are calculated on a predetermined daily rate which Owners nominate in the ‘Particulars’ of the contract before signing.

LDs must be based on a genuine calculation of damages to the Owner for delated building works. There must be a clear link that the costs will be directly incurred because of delayed completion of the project.

Costs to consider when calculating LDs:

  • Loan Interest

  • Additional Rent

  • Loss of Income

  • Fees

  • Storage Costs

  • Rental Costs

I have a Liquidated Damages calculator that I share with clients during a Building Contract Health Check that helps calculate their weekly LDs rate.


Know exactly what you’re signing — before you build.

Protect your dream build with a Building Contract Health Check:

  • Avoid budget blowouts before they happen

  • Lock in a quality control processes from the start

  • Save your future self a huge amount of stress


Happy building! 💚

Thanks for reading and catch you on my next post :)

Annelyse

Construction Management | M. Construction Law

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3 Tips for monitoring the progress of your new home build

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The golden rule to follow before signing any Building Contract