Late completion clauses in contract's worthless or what?

witchfinder



Joined: 10/04/2008
Posts: 155

Message Posted:
13/07/2008 19:07

We are having a nightmare with our apartment build, complex is already over a year late. I don't suppose our late completion clause in the contract is worth chasing? or has anyone heard different.

Turtle


Joined: 28/05/2007
Posts: 2669

Message Posted:
13/07/2008 19:21

We are in the same boat witchfinder and when I checked the same question I was told it would take 5 years, a lot of money and the end result would be probably zilch.

Contracts eh..................not worth the paper !

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
13/07/2008 19:25

witchfinder ,Pay your builder what he is asking, to get possession, and then sue retrospectively.



wyn

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
13/07/2008 19:28

disagree promise to pay hih lead him on tell him the money is onits way take possesion then tell him to sue you.

witchfinder



Joined: 10/04/2008
Posts: 155

Message Posted:
13/07/2008 19:35

I tend to agree with nige, we still owe about what the compensation amount has reached, taking into account a 6 months grace period. We are basically only waiting for the kibtek connection and some snagging items, but haven't taken possesion, we do have keys and our furniture is piled up in the spare rooms.

rocky


Joined: 17/10/2007
Posts: 1749

Message Posted:
13/07/2008 20:47

why not name and shame the developer?? might deter others from getting same treatment if he still needs sales

Oxoners


Joined: 24/01/2008
Posts: 128

Message Posted:
13/07/2008 20:52

We own on the same site as Witchfinder and we have taken possession, only to be threatened by our builder that if we didn't pay what they wanted they would turn our temporary supply of electric off. We manged to get our solicitor to stop this without aying the money, but are still living with the consent threat of loosing our electricity. I read with interest the article in this weeks Cyprus today Page 9 headline Buyers do it themselves. Was anyone on this board involved in this and if so can you give any advice on how you went about it.

paulnicholas


Joined: 14/01/2007
Posts: 69

Message Posted:
13/07/2008 21:37

Most builds are late and if you withhold any money it can be more difficult as if it isnt already getting your deeds.

Paul.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
13/07/2008 22:15

My earlier advise was based on legal advice that I took on the Penalty Clause on the contract.



wyn

paulnicholas


Joined: 14/01/2007
Posts: 69

Message Posted:
13/07/2008 22:31

Wyn i asked my solicitor and was advised to withhold the money and when i said wont the builder make it hard to get the deeds my solicitor replied they can make it difficult,of course if the builder does make it harder then i would need my solicitor to sort it out.

Paul.

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
17/07/2008 10:53

keep to your side of the contract. let the builder breach the contract. then i think you may have some redress against them. remember before sueing anyone it is always viable to find out what they are worth. no point in spending money sueing someone who is about to or has already gone broke.

brandy sour


Joined: 09/04/2008
Posts: 310

Message Posted:
17/07/2008 12:12

I fire starter

yes i agree with you our builder ran out of money a year ago and keeps asking for more money saying the complex is finish snagging list done?we are in compensation zone at the moment but don,t see us getting any where fast in the near future and we keep threating legal action if the builder keeps asking for money but one unlucky apartment owner has done this and won and at stale mate because the builder refuses to except that they are in the wrong.

It has been two years this month since we signed the contract and me and my husband just can not stop arguing about the thing!

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
17/07/2008 22:36

/I decided to stop arguing about it

I got thge bits and pieces fixed at my expense.

I am now in.

I am now very happy.

The total price was still worth it.The aggravation needed to end.

witchfinder



Joined: 10/04/2008
Posts: 155

Message Posted:
19/07/2008 21:20

I agree, as for our apartment I can do the rest, we only want a permanent mains connection to the aprtment via our own meter then we can stay in it, although all the villas we have stopped in have been great it would save us a lot of money in rent.

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
19/07/2008 22:10

re msg 3

listen to wyn,s advise pay up get your deeds and think about it after,but

remember its costly.





musin

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
20/07/2008 01:38

E- mailed our lawyer several times asking that he claim compensation for late completion.After a reply eventually, more or less implying he didnt understand what I was getting at ,I took the hint and moved on. Unless its on a point of principle I wouldnt bother.It might be different now that contracts are registered.The biggest let off clause is that the delay was due to utility companies etc ,ie late supply of meters,therfore outwith builders control.