(After speaking with Jarrod and Michelle and the improper circumstances that surrounded them, it makes me wonder why they still chose to call Townsville home.)
Taking this into consideration the McCracken's gave Phoenix another two months in the contract to complete the project this gave enough float for unforeseen issues that may occur.
During the construction period it was officially documented that Phoenix had only ever asked for four days extension of time and unfortunately through their own mismanagement they were 10 months over the date for completion with no explanation given.
It has to be pointed out that Phoenix received a very large builder’s fee which represented a percentage of the overall building costs, along with the preliminary costs that were in the millions of dollars that were also paid to their company.
These were amounts that were accepted by both parties not negotiated when entering into the building contract.
So in a nut shell or summary, layman's terms Phoenix got paid substantial amounts of money to complete a job within a specific time period, this did not occur and there was substantial monies lost by the McCracken’s as a consequence of their delay.
After speaking with our legal advisers, opinions were that we had extremely strong prospects in winning the case. Mr McCracken had read and understood every aspect of the documentation and was confident of his chances.