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The builder gave us an estimated time to completion of three months when he put in his bid. When we signed the contracted the agreed completion date was six months from the start. We have repeatedly advised both the architect and builder of our concerns about progress but there have been many times when days or even weeks have passed with no work being carried out. We met on site in December and agreed a revised end date of January 30th but there has been little progress made since then and I cannot see that we will be back in the house in two weeks. So, yes, he has been aware that time is important. The caravan we are living in is directly opposite the house and we remind him regularly that we need to move back in but it has no impact.
We have asked him directly if he has a "cash-flow" problem but he has denied this. We have asked if he has other jobs on but he denies this too.
There is nothing in the contract that says "time is of the essence" however there is a specified finish date
The contract is a standard JCT home owners contract and there is no option to vary it. Thus is it not possible to include the terms suggested.
How can someone not be in material breach of contract when there was a very clear date set
It is not a material breach striking at the heart of the contract because it does not contain the words 'time is of the essence.'