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On-Time Completion Guarantee Terms and Conditions

1. Definition of the Guarantee

1.1 Patten & Grant (“the Builder”) guarantees that Practical Completion (as defined below) of the Client’s residential construction project will be achieved on time (“the Guarantee Period”), as agreed upon in writing before project commencement.

1.2 If Practical Completion is not achieved on time, Patten & Grant will pay the Client:

  • $2,000 (including GST) if the project value is under $100,000, or

  • $5,000 (including GST) if the project value is $100,000 or more,
    provided all conditions set out in these Terms & Conditions are met.

1.3 This Guarantee is a separate agreement that does not replace or limit any rights or obligations under the Client’s primary building contract.

 

 

2. Location & Eligibility

2.1 This Guarantee applies only to new residential builds within the Greater Bendigo region ("Approved Region").

2.2 The home design must be confirmed in writing by Patten & Grant as eligible for this Guarantee.

2.3 Complex or Unusual Designs: Patten & Grant may exclude highly customised, multi-level, or unique structural designs. If such a design is proposed, Patten & Grant will confirm in writing whether the Guarantee applies.

 

 

3. Commencement of the Guarantee Period

3.1 The Guarantee Period begins on the agreed Commencement Date, which must be documented in writing by both parties before construction begins.

3.2 The Guarantee does not commence upon contract signing or initial deposit payment; it strictly begins when site work officially commences (e.g., excavation or slab pouring).

 

 

4. Definition of Practical Completion

4.1. “Practical Completion” means the stage when the home is reasonably fit for habitation, and any remaining items are of a minor nature that do not prevent the Client from occupying or using the dwelling.
4.2. Minor cosmetic defects or touch-ups that do not inhibit functional occupancy will not affect the Practical Completion date.

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5. Exclusions and Extensions

The On-Time Completion Guarantee will not apply, or the timeframe will be extended, under any of the following circumstances:

5.1 Variations (Client-Requested Changes)

  • Any design, material, or specification changes requested after contract signing will extend the Guarantee Period proportionately.

  • Time extensions will be determined reasonably and in good faith, and confirmed in writing.

5.2 Acts of God / Force Majeure

  • Natural disasters (e.g., floods, bushfires, severe storms, earthquakes).

  • Pandemics, wars, civil unrest, or other events beyond the Builder’s reasonable control.

5.3 Regulatory & Council Delays

  • Any delay caused by council approvals, utility connections, inspections, or regulatory requirements.

5.4 Supply Chain & Labour Shortages

  • Industry-wide shortages of materials, skilled labour, or tradespeople that were not foreseeable at contract signing.

5.5 Client Delays

  • Late progress payments or failure to provide selections, approvals, or site access within reasonable timeframes.

5.6 Site Access & Unforeseen Conditions

  • Unexpected site conditions such as hazardous materials, soil instability, or underground obstructions not identified prior to work commencement.

5.7 Public Holidays & Industry Shutdowns

  • Periods where work cannot proceed due to official public holidays or industry shutdowns (e.g., Christmas closure).

5.8 Owner-Supplied Materials or Trades

  • If the Client chooses to supply their own materials or engage their own tradespeople, this Guarantee is automatically void.

5.9 Legal / Compliance Issues

  • Any legal dispute, injunction, or government order that prevents work from continuing.

 

 

6. Claiming the Payment

6.1 If Practical Completion is not achieved on time due to reasons other than those listed in Clause 5, the Client must provide written notice to Patten & Grant within 10 business days from the date the agreed completion period expires.

6.2 Patten & Grant has 10 business days to review the claim and confirm eligibility.

6.3 If eligible, the payment will be processed within 20 business days in one of the following ways:

  • Direct bank transfer to the Client, or

  • As a discount on the final invoice (if preferred by the Client).

6.4 Single Payment Rule

  • If multiple persons or entities are listed as “the Client”, only one payment (total) is payable under this Guarantee.

 

 

7. Relationship with the Building Contract

7.1 To qualify for this Guarantee, a formal building contract must be signed between the Client and Patten & Grant, referencing these Terms & Conditions.

7.2 If there is any conflict between these Terms and the building contract, the building contract takes precedence.

7.3 This Guarantee is a separate goodwill incentive and does not replace or limit any legal obligations under the Domestic Building Contracts Act 1995 (VIC)​.

 

 

8. Limitations & Liability

8.1 The payment of $2,000 or $5,000 (depending on project value) is the sole financial remedy under this Guarantee. No additional compensation, damages, or penalties are claimable for delays.

8.2 Consumer Rights Protection

  • Nothing in these Terms & Conditions limits the Client’s statutory rights under:

    • The Domestic Building Contracts Act 1995 (VIC)

    • The Australian Consumer Law (ACL)

 

 

9. Disclaimer Against Reliance

9.1 This Guarantee is a performance-based incentive and is not intended to serve as financial assurance for personal decisions such as:

  • Lease terminations

  • Property sales

  • Employment changes

9.2 Patten & Grant is not liable for any financial or personal inconvenience caused by reliance on this Guarantee.

 

 

10. Assignment & Transfer

10.1. This Guarantee is non-transferable and applies only to the original contracting Client unless otherwise agreed in writing by both parties.
 

 

11. Dispute Resolution

11.1. In the event of any dispute regarding these Terms & Conditions or the Guarantee, both parties agree to negotiate in good faith before pursuing formal legal action.
11.2. This may include resolving matters through the Domestic Building Dispute Resolution Victoria (DBDRV) or another mutually agreed-upon mediation service.
 

 

12. Governing Law

12.1. These Terms & Conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any legal proceedings shall be conducted in Victorian courts or tribunals.
 

 

13. Severability

13.1. If any provision of these Terms & Conditions is deemed invalid or unenforceable under applicable law, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
 

 

14. Entire Agreement

14.1 These Terms & Conditions, along with the building contract, constitute the entire agreement regarding the On-Time Completion Guarantee.

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