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1. Application

This version of the guarantee applies to new projects where these terms are provided to the owner before they commit and expressly incorporated into the signed building contract.

“Brownlow Building” or “Brownlow” means the builder identified in the building contract. “Owner” means the owner or owners identified in that contract.

The guarantee covers completion of the contracted construction works. Separate quotation, design, preconstruction, approval or interim milestone dates are covered only if expressly included in the building contract.

These terms do not retrospectively reduce rights under an existing contract, accepted quotation or previously agreed guarantee. Once applicable to a project, Brownlow cannot unilaterally withdraw or reduce this guarantee.

2. Contractual Completion Date

The relevant completion date is the date specified in, or calculated under, the signed building contract, adjusted only by extensions of time validly established under that contract and applicable law.

An informal forecast, revised work programme or site discussion does not, by itself, change the contractual completion date.

Completion is determined under the building contract and applicable law, including completion in accordance with the plans and specifications and provision of any required occupancy permit or certificate of final inspection.

An invitation to handover or the ability to use part of the property does not, by itself, establish completion.

3. Weekly Amount and Calculation

The guarantee accrues at $250 for each seven calendar days, from the day after the adjusted contractual completion date up to and including the earlier of:

• The date completion is achieved; or
• The date the building contract is lawfully terminated.

Part weeks are calculated using the following formula:

Guarantee amount = $250 × eligible calendar days ÷ 7

Only the final total is rounded to the nearest cent. For example, 10 eligible calendar days produce a guarantee amount of $357.14.

The amount applies once per building contract, regardless of the number of owners, rooms, work areas or trades involved.

The weekly amount is an accrual rate. Assessment and payment occur under clause 8.

Accrual ends on completion or lawful termination, whichever occurs first, without affecting other rights or amounts already accrued.

4. When a Delay Can Extend the Completion Date

An event described in clause 5 is excluded from the guarantee calculation only to the extent that it:

• Actually delays completion of the contracted works;
• Qualifies for an extension of time under the building contract and applicable law; and
• Satisfies the notice, evidence and mitigation requirements in clause 6.

The event must not arise from Brownlow’s failure to exercise reasonable care in planning, procurement, coordination or carrying out the works.

An excluded event adjusts the completion date by its established time impact. It does not cancel the whole guarantee.

5. Events That May Qualify for an Extension of Time

Each category below is subject to clauses 4, 6 and 7. Naming an event does not automatically entitle Brownlow to additional time.

5.1 Material Manufacture, Supply and Delivery

Unexpected shortages or delays in manufacturing, processing, transport, shipping or delivery of materials, fixtures, fittings or equipment may qualify where they are beyond Brownlow’s reasonable control and could not reasonably have been allowed for when the building contract was entered into.

For materials procured by Brownlow, this applies only where:

• Orders were placed correctly and in sufficient time, having regard to known or reasonably ascertainable lead times;
• Brownlow took reasonable steps to confirm delivery and follow up with the supplier; and
• Brownlow took reasonable steps to reduce the effect on completion.

Supplier correspondence, order dates and the effect on the work programme must support the extension.

Routine lead times, late or incorrect ordering, failure to pay suppliers when due, and delays reasonably avoidable through proper procurement are not excluded.

Brownlow must consider reasonable alternatives and resequencing, subject to contractual approval requirements. This clause does not authorise an unapproved product substitution.

5.2 Owner Decisions, Changes and Access

The following may qualify where they actually affect completion:

• Owner-requested variations or changes to the contracted scope;
• Late selections, approvals or information after reasonable written deadlines;
• Restricted or withdrawn site access; and
• Delay or interference caused by owner-supplied items or independently engaged contractors.

Brownlow must have provided the owner with the information and reasonable time needed to act.

Only the established effect on completion is allowed, with variations and time changes documented under the building contract.

Late payment may qualify only to the extent it causes an actual delay that entitles Brownlow to an extension, including a suspension lawfully implemented under the building contract.

A late or disputed invoice does not automatically cancel the guarantee.

5.3 Authorities, Approvals, Inspections and Services

Unexpected delays by councils, the building surveyor, utilities or other authorities may qualify despite timely, complete and compliant applications, inspection requests and reasonable follow-up.

This excludes delays caused by Brownlow’s:

• Incomplete or late submissions;
• Defective or non-compliant work; or
• Failure to arrange required inspections in time.

5.4 Unforeseen Site and Building Conditions

Concealed defects, asbestos, structural deterioration, undocumented services or other latent conditions may qualify where they could not reasonably have been identified through the investigations, inspections and information required before contracting.

The necessary investigation or additional work must actually affect completion and be managed through the applicable variation and extension-of-time procedures.

5.5 Exceptional External Events

Exceptional weather beyond reasonable contractual allowances, natural disasters, unexpected lawful government restrictions, industrial action, utility interruption or another exceptional event beyond Brownlow’s reasonable control may qualify where it could not reasonably have been prevented or allowed for.

Only the demonstrated impact on completion is excluded.

6. Written Notice, Evidence and Mitigation

Brownlow must notify the owner in writing and comply with all applicable extension-of-time requirements and time limits in the signed building contract.

The notice must identify:

• The cause of the delay;
• The affected work;
• The relevant dates;
• The estimated or established effect on completion;
• The steps taken or proposed to minimise the delay; and
• The proposed revised completion date.

Supporting records must be retained, and reasonable updates provided while the impact remains uncertain.

Brownlow must take reasonable steps to minimise delay, including progressing unaffected work and considering available alternatives.

An internal diary entry alone does not replace a required notice to the owner.

A notice does not make an otherwise invalid extension valid. The owner retains the right to dispute an extension through the building contract and applicable law.

7. Existing Allowances, Overlapping Events and Brownlow Responsibility

Days already allowed for in the building contract, including foreseeable seasonal weather, weekends, public holidays and planned breaks, cannot be counted again.

Overlapping events cannot produce duplicate extension days.

Where causes overlap, their actual effect on completion must be assessed under the building contract and applicable law. An external event does not automatically excuse unrelated Brownlow delay.

Ordinary staffing or subcontractor availability, avoidable scheduling or coordination failures, defects requiring rectification, and Brownlow’s own financial or procurement failures are not automatically events beyond its reasonable control.

This guarantee does not provide a separate right to extend time beyond the building contract.

8. Assessment and Payment

Brownlow will calculate the guarantee automatically, provide the owner with an itemised statement and pay any undisputed amount within 10 business days after completion or lawful termination, whichever occurs first.

For this purpose, business days exclude Saturdays, Sundays and Victorian public holidays.

The statement will show:

• The original contractual completion date;
• Valid extensions of time;
• The adjusted contractual completion date;
• The eligible delay days; and
• The guarantee amount payable.

With the owner’s agreement, payment may be credited against an amount actually owing under the building contract, with any remaining balance paid to the owner.

A dispute about the final account or part of the guarantee calculation does not delay payment of an undisputed guarantee amount.

No separate claim form or short forfeiture deadline applies. Contractual or statutory rights to earlier payment or recovery remain unaffected.

9. Other Entitlements and No Duplicate Recovery

This guarantee does not exclude, restrict or replace rights under the Australian Consumer Law, the Domestic Building Contracts Act 1995 or other applicable law.

It does not, by itself, amend a separate contractual liquidated-damages provision or cap Brownlow’s overall liability.

Payment or acceptance of a guarantee amount does not settle or release another claim.

An amount paid under this guarantee may be taken into account against other compensation only to the extent necessary and legally permitted to prevent recovery twice for the same loss.

The balance of any greater entitlement remains payable, and compensation for different losses is unaffected.

10. Questions and Disputes

The owner may raise a calculation or extension-of-time dispute using the contact details in the building contract.

Brownlow will provide reasons and relevant supporting records.

Unresolved issues may proceed through the building contract’s lawful dispute process and available statutory avenues.

Brownlow’s assessment is not final or binding merely because it is issued by Brownlow.