I gave some advice recently to a new client in relation to a building contract that is going awry due to increases in the cost of bricks and brick-layers.
The builder is trying to argue that the delay in getting approvals entitles the builder to increase the contract price. My client believes the delays were not his, but the fault of the builder, which means the builder is not able to increase the price.
The dispute may be resolved by the parties walking away and my client getting another builder, but that would see him lose the cash subsidies on offer, so I advised him that any such deal needs to involve the old builder assigning the contract to the new builder to preserve those subsidies. The contract can always be amended, even by replacing all the terms!
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