Contract Compensation

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
16/05/2008 19:45

Hi to you all

I signed a contract with a developer to build me a small villa in the contract it states that if the villa is not finished in 24 Months then the developer will pay me £300 per month in agreed compensation . I believe this is a standard contract . My villa is now seven months over the two years . It would be nice to knock a couple of grand off the £3000 Electric and water connections what do you think of my chances to get this rebait . Frank .

Hilltop



Joined: 28/04/2008
Posts: 636

Message Posted:
16/05/2008 19:51

I have never met/heard of anyone who has managed to get a late completion payment. You may be the first, but I would not hold my breath.

There is also the problem of maintaining a working relationship with your Builder/Developer, IE, is it worth the grief?



Larry

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
16/05/2008 19:58

With my builder it is worth the grief what he has put me through in the last 30 months not only me but all of us in Breeze ask Breezyboy .

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
16/05/2008 20:00

Hi Discovery,



We must have a pint when we are next over. I 've always wanted to meet a man with a sense of humour!



wyn

Discovery


Joined: 21/04/2008
Posts: 36

Message Posted:
16/05/2008 20:38

Hi Wyn



When i get my compensation from the developer all drinks are on me



Frank

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
16/05/2008 20:45

Frank,



`I won't hold my breath. Having said that.......what my contract says I want!! I read it, I signed it, and I ain't joking! My contract is stamp duty paid, and a charge lodged with the DLO.

Hope the builder has deeper pockets than me!



My God I could use an Efes!



wyn

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
16/05/2008 20:45

I am having the same problems, only my contract stated the villa would be ready to move into by August, now my builder is saying that the contract should not have said that, it should have read, maybe March or April, which will run over what he stated originally, which will put me into the compensation breacket.

I have contacted my solicitor and it has been passed onto someone who deals with disputes and tries to come to a negotiation. The only problem being, we have nearly sold the house at this end, so will be homeless for 6 months!!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
16/05/2008 21:04

Hi Chris,



Frank and I are coming round. The drinks are on you !



What is interesting is that THINGS HAVE CHANGED. The new law allowing us to register a charge in law with the DLO . STOPS THE BUILDER selling, mortgaging or otherwise pledging that property to others. Now whillst this is not 100% in our favour, it does bugger up the builders right to mess us around.



This then takes us into the TRNC legal system. The local sport is to take people for years of delay. Under this law interest continues to accrue at an alarming rate. If your builder has a GOOD reputation, and is not allowed to transfer assets into another Company then GIVEN TIME you are in a very strong position. Stay cool, stay loose, and keep your nerve.



We are starting to win.



wynyardman

roachie


Joined: 25/04/2008
Posts: 31

Message Posted:
16/05/2008 21:07

I'm afraid your problem is a common one. One thing I heard was someone I know who simply deducted the amount from the final balance and told the builder to take him to court if he had a problem with this. He got away with it.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
16/05/2008 21:19

Chris,



These guys are unreal. A contract to them is what protects their interests. Mine refuses to accept what my contract clearly states. THE BUILDER IS NOT THE LAW. Judges read the contract and have to rule on WHAT IS WRITTEN not what the builder thought he meant.



You can get a court judgement, but enforceing that judgement seems to be problemetic in The TRNC (at the present time).



Most advocates in the TRNC do not protect your interests. There are good ones( "ask Elko on this BB) You pays your money and takes your choice!



I hope my builder has deep pockets and stamina. I may be a nice guy, but I have no intention of giving up my legal rights If he wants fair play , I am the boy! If he wants to play hardball, then he's met the man.



Good luck to you.



wyn

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
16/05/2008 22:29

Hi wynyardman

Thanks for the support and info.

If you leave a large cardboard box outside yours, I will bring the effes!!

Im coming over August, come hell or high water!

Mine is also refusing to accept what is written, and I also wont give up my legal rights-prob see you in court!!

LOL!!

(I meant what I said about the cardboard box though!)



Chris

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
17/05/2008 00:28

Chris,



Good on you. If you have a contract, you want what it says. Your builder would hold you to it.

Whats good for the goose......etc...and ......etc.



Do watch your advocate



Check with Elko......He is very knowledgeable (his wife is an advocate in Farmagusta). His advice is very sound, and he will point you to an appropriate advocate to handle your situation.



You are much empowered by the new law. Get stuck in and use it!.



All the best!



wyn



PS. Bring the Efes by all means. I don't do boxes at my age. Someone might put me in one!

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
17/05/2008 11:25

As soon as I get over there, we will meet up-name your watering hole!!

Chris and John

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
17/05/2008 12:22

Hi Chris and John,



I live in the UK. Next visit to TRNC 24/9 maybe earlier to settle legalities.

I always stay at The Ship just outside Kyrenia. Let me know when. The Efes will be on the bar ready.



Cheers,

wyn

martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
17/05/2008 12:23

All very amusing! I'm on the same development and the same situation regarding the 'late delivery'. Amusing that they have gone very quiet since i returned their last bill with my corrections for late completion and was open to their comment, nothing yet!!



On the note of the ever increasing and varying cost for 'electricity/ water connection' could we not refuse to pay this and have an independent qualified person do the connection?? Anyone else done/ tried this option??

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
17/05/2008 12:25

Know the Ship quite well-

No problem- the first round on us!



Hope to be over there to live by then, or a week or so after!



Chris and John

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
17/05/2008 12:30

Marty,



Which site are you on, there have been a couple of people on this thread from different sites/builders who seem to be late?



MC

martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
17/05/2008 12:44

Cyrstal bay breeze

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
17/05/2008 12:57

It would be interesting to know if we could elect an independent person to do the connection.

We are not on crystal By Breeze, but have an apartment on Crystal bay park, which isnt sign posted , when we asked why there was no indication where it was, Boray said-At least YOU know where it is, and maybe in the future there will be a sign! Great if you want to rent it out in the future!!

The villa we are having problems with is on a different site, with different builder.

So far, from what we can gather, the connection charges-according to the contract signed nearly 2 years ago (for CB Park) said the connection would be up to £2.500, which seems astronomical.

Also, when we were over last week, we met up with Tommy and Sue who have bought at CB Marina, and they said there maintenance charges were £500 a year, which they were going to contest, as it only covered the pool and garden, yet a couple of days later we were taking to a man called Paul, on CB View, and he said he was being charged 50.00 a month, and Evergreen wanted everyone to join some kind of 'pool' to share electric costs, which people were not going for!

All very randon!

Chris

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
18/05/2008 18:32

We totally agree. We just want what's in our contract. What's wrong with that? It's a beautiful country but it's a bit of a shock to the system when you realise that developers/lawyers don't seem to care about their contractual obligations. If these problems were tightened up they could get rid of all these half finished concrete structures everywhere too.

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
18/05/2008 19:09

Well put Kibrissibel

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
18/05/2008 19:24

They could sell the half finished concoctions to the Brits, we seem to have a perchant for buying stuff like this and calling it modern art-all the parks and entrances to various borders seem to have one either in them or next to them!

Chris

david2


Joined: 25/09/2007
Posts: 13

Message Posted:
18/05/2008 21:41

I have the same problem. Late over run of the contract and no response to requests for credit.



This is not a problem in itselfe but the problem I have is that I am up to the snagging stage and have paid all that has been asked to date plus additional sums for agreed extras which have in any event not bveen completed satisfactorally.



What I am now threatened with is legal action for the last installment due on snagging but the villa has not yet been snagged and a considerable amount of work is yet to be completed.



I am told that the works still to be done and any additional work required have no bearing on the amount to be paid and that I will be hearing from the developers solicitors. As you say a total disregard for the contract which we have both signed but seems to operate in a one way system.



I have no intention of being bullied into making a further payment and althouigh I woiuld like to be in occupation by summer I am after several distressing encounters with this developer I am quite prepared to take them on as I have as they sa had enough of this one sided attack.



I know that a number of fellow villa purchasers on the site are in asimilar position anfd I just hope that we can all stick together rather than be picked off one by one.



I only hope that the desperate attempts to extract money dose not signal the demise of the company and that they are not seeking to extract all monies possible before seecing business.

In addition I am not only being asked for connection charges when there is I believe no water or electricity yet on site to the tune of in excess of £3000.00

I am being asked for extras and shortpayments whatever those might be of over £5000.00. but todate inspite of requests for a breakdown and clarification of just how these sums are calculated not a word just a demand for money.

Quite an extroarinary way to conduct business or perhaps this is the norm for developers in Norther Cyprus.

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
18/05/2008 22:33

I totally sympathise with you, I am having the same problem with my builder.

He is aking for the final payment in August, when I should move in, now he says there will be no electric and water for a further 6 months, I cant access the site-even if I wanted to, because of all the construction traffic making the dirt tract even more so!

I will have a cat in quarantine, a container full in Famagusta and nowhere to live.

After reading the similar threads recently, this seems to be the norm in North Cyprus.



Chris

martyb49


Joined: 22/02/2008
Posts: 42

Message Posted:
19/05/2008 19:54

Still awaiting a reply from the developer also, gone very quiet since my reply to them. I also refuse to b bullied at this late stage.



Does anyone know of an independent who can connect water/ electric? Also is there an option of borehole water/ well drilling available in NC?



Marty

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
20/05/2008 20:13

Hi All.



I am really sorry to read these postings.



Unfortunatley you all seem to be between a rock and a hard place



If you have paid your stamp duty AND registered your property with the DLO, you have some, albeit restricted rights.



If you have met your contractrual obligations ( I know what you are saying, why do we have to, when the developer doesnt) Then do not accept your property.If there are penalties stated on your contract, sue for them, and the interest on your payments. If the developer drags out court proceedings, the interest continues to accrue.



Your developer may try to transfer Company assets to a family member or new Company.



That is why you need an advocate steeped in these ways.



Elko is the best to advise you on suitable advocates to choose. He also offers very sound advise (without charge) God bless him!.



DONT GIVE YOUR BUILDER ANY MORE MONEY and DON'T BE BULLIED.



These guys just expect you to get your wallets out and roll over. DON'T DO IT.



You owe it to us all to fight! THATS WHAT BEING BRITISH IS, AND FAIR PLAY!



Good luck to you all,



wynyardman

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
20/05/2008 22:41

Chris, Sorry to hear of your problems, hope they get sorted, but I,m sure these problems are not the norm in NC, the majority of us are satisfied with our purchase.There are I,m afraid always a small percentage of problem builders whatever country you buy, particularly buying offplan obviously raises the risk.

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
20/05/2008 22:51

Pilgrim

They may not have been the norm some years ago but im afraid the site is littered with negative comments about builders in general.

I for one think its the norm in NC now.

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
20/05/2008 23:03

quite a few happy customers to see ' how many happy with their purchase' 100 posts todate.Not just NC either, good and bad everywhere.

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
20/05/2008 23:31

Thanks pilgrim and everyone for your comments, I shall plug on in true northern (Blackpudlian) spirit, and suggest the rest do the same.

So its cardboard boxes at dawn, with a bottle of effes outside wynyardmans!!

lol

Chris

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
21/05/2008 07:35

Hi Chris,

I'll drink to that.

Seriously though. All the very best of luck to you.!



Regards

wyn.

orangekazzie



Joined: 31/07/2007
Posts: 1091

Message Posted:
21/05/2008 08:51

Chris I know its not a solution but instead of paying storage on a container in Famugusta for an unknown period of time it might be worth investigating the possibility of renting somewhere close to your place so you can keep an eye on things until yours is fit to live in. That way it shouldn't be quite so stressful.

Karen

raybo


Joined: 06/08/2007
Posts: 175

Message Posted:
21/05/2008 18:34

Hi chris, sorry to hear about your contrctual problems, as you know you have been in our villa on the same site which is nearly complete, also you know our villa is built to a very high standard,it took us 5years to find a builder of this quality, we do hope you will get your dispute sorted,

ray.

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
21/05/2008 18:45

I am not disputing the build or the site, just the fact that he knew we were going to live there this August and now says this isnt possible.



Oranekazzie, thanks that is always an option, I just didnt want to dwindle away our resources on storage fees.



Thank you everybody for being so supportive, what an awesome site to be part of!

Chris

ROBIN HOOD


Joined: 26/05/2008
Posts: 238

Message Posted:
27/05/2008 13:35

Who signed a contract?? Aren't they all called "Memorandum of Agreement"? Not worth the paper. I to had a compnsation for late delivery. Got beaten up for mentioning it. 1% of the purchase price per month. As I said not worth the paper. Like the structural guaranties. Nice dry sense of humour though. Innit!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/05/2008 14:44

Robin Hood,



Who was your builder?



If you have paid your stamp duty and registered your contract with the DLO you would win in court. Of course no right minded person wishes to resort to the courts, but that is the correct procedure. There is clear evidence of developers threatening to change the locks and bully people, but, since January your property is protected, if you have registered your contract with the DLO, and a court will award substantial compensation on payments you have made to your developer.



Prior to this new law the builder would resell the property, mortgage it, or otherwise encumber it, but they cannot do so any more.

You clearly have had an horrific time, but at the stage that you are at, I would be naming and shaming Developer and Advocate.



wynyardman

windy


Joined: 29/04/2008
Posts: 19

Message Posted:
27/05/2008 17:38

Hi all, our contract said we would get £550 a month for late delivery it was due December 2006 when we asked for it they said the payments will be calculated and paid on handover" Beware "

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
27/05/2008 20:22

If youve lodged your contract with the DLO, you have certain protection.



IT IS YOU that has to stick in there, and ignore your developers abuse. Take it to court and



and demand your rights!



ISMET, CAN'T YOU REASSURE THESE POOR PEOPLE?



wyn





















































stick in there.



The more of us that do the sooner this nonesense STOPS1

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
28/05/2008 00:21

Hi All,



Make sure you read the thread....................

Ismet we need your help on this board.



wyn