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Build Guarantee Question - COVID

4 years ago

Hi all,


Have signed up with a relatively well known building company who we went with in large part due to their 'Guaranteed Completion Date' guarantee. It's also written into our contract that we will get this on completion of 'floor down'. If said company fails to deliver on this, they express that they will pay for any additional costs e.g. rent, temporary accommodation etc.

Our floor went down 2 weeks ago, and we were notified (and invoiced) in writing. We have waited more than a couple of weeks post 'floor down' for this Guaranteed completion date (and have emailed to pester for this) with no mention that this won't be provided, but that it's just a little delayed whilst finalising contractors. We have today however been told that a Guaranteed completion date cannot be offered, instead w can have an 'expected move in date'. They have cited Covid19 as being the reason they cannot offer a 'Guaranteed date'. We are not in an area that has Covid cases, or the recent outbreaks.


Does anyone know the legal stance on this, given it's in the contract (and all over their website/brochures that this is one of their guarantees that make them stand out above the rest)? Does Covid change the contractual obligations?


TIA

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