sch.1B-sec.42Extension of time

### sch.1B-sec.42 Extension of time The building contractor under a regulated contract may only claim for an extension of time under the contract if— the delay causing the need for the extension of time was— not reasonably foreseeable and beyond the reasonable control of the contractor; or caused by the building owner; or caused by a variation of the contract complying with schedule section 40 ; and the claim is made to the building owner in writing; and the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and the owner approves the claim in writing. A building contractor under a regulated contract must not seek to rely on an extension of time under the contract unless the contractor claimed for the extension of time in compliance with subsection (1) . Maximum penalty—20 penalty units. A building contractor under a regulated contract must give the building owner a signed copy of a claim for an extension of time within 5 business days of the owner approving the claim. Maximum penalty—20 penalty units. A regulation may prescribe when a series of similar delays may be taken to be a single delay for the purpose of subsection (1) (c) . sch 1B s 42 ins 2014 No. 57 s 60 (sch.1B-sec.42-ssec.1) The building contractor under a regulated contract may only claim for an extension of time under the contract if— the delay causing the need for the extension of time was— not reasonably foreseeable and beyond the reasonable control of the contractor; or caused by the building owner; or caused by a variation of the contract complying with schedule section 40 ; and the claim is made to the building owner in writing; and the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and the owner approves the claim in writing. (sch.1B-sec.42-ssec.2) A building contractor under a regulated contract must not seek to rely on an extension of time under the contract unless the contractor claimed for the extension of time in compliance with subsection (1) . Maximum penalty—20 penalty units. (sch.1B-sec.42-ssec.3) A building contractor under a regulated contract must give the building owner a signed copy of a claim for an extension of time within 5 business days of the owner approving the claim. Maximum penalty—20 penalty units. (sch.1B-sec.42-ssec.4) A regulation may prescribe when a series of similar delays may be taken to be a single delay for the purpose of subsection (1) (c) . - (a) the delay causing the need for the extension of time was— (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or (ii) caused by the building owner; or (iii) caused by a variation of the contract complying with schedule section 40 ; and - (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or - (ii) caused by the building owner; or - (iii) caused by a variation of the contract complying with schedule section 40 ; and - (b) the claim is made to the building owner in writing; and - (c) the claim is given to the building owner within 10 business days of the building contractor becoming aware of the cause and extent of the delay or when the building contractor reasonably ought to have become aware of the cause and extent of the delay; and - (d) the owner approves the claim in writing. - (i) not reasonably foreseeable and beyond the reasonable control of the contractor; or - (ii) caused by the building owner; or - (iii) caused by a variation of the contract complying with schedule section 40 ; and