Late Completion Penalties - Does anyone ever get them?

jim80


Joined: 01/03/2009
Posts: 41

Message Posted:
02/02/2010 12:08

The solicitor acting for our builder is asking that everyone gives up their rights to penalty payments for late completion as stated in their contracts. It appears that the site will only be finished if everyone relinquishes compensation rights.

I think that everyone has a clause where they can claim for late finishing. As we are 32 months after our completion date I am loathe to give up this right, even though we have never had the intention of taking the builder to court.

Does anyone ever win with a compensation claim against their builder.

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
02/02/2010 12:12

you've got more chance of getting a late finishing penalty payment from your builder than the North and the South reaching an agreement....

cammy


Joined: 04/12/2008
Posts: 91

Message Posted:
02/02/2010 12:18

Simple answer NO.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
02/02/2010 12:41

jim80 do not let them blackmail you you say ''you have no intentions on taking them to court on this'', so why does anyone want this relinquish from you ?

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
02/02/2010 13:07

perhaps there is some change in the law coming up that gives the buyer protection that we dont know about but the lawyer does.Uptill now the contract has not been enforceable in practise

Agree with Pipie, maybe something is happening that will make contracts legally binding,and the lawyer sees a problem for his client in the future. Why would the lawyer ask you to relinquish the right to demand the contract terms are adhered to, unless it would benefit his client,and therefore he thinks it will cost.



Hang fire until you can find out why the builder thinks he will have to take the unusual step of paying the penalty in your case.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
02/02/2010 13:47

That is an interesting point, maybe a law will be coming in pretty soon to protect buyers . After all buyers contribute to the much needed gravy train that they need to maintain the TRNC economy !!!!

Pearlbayer


Joined: 06/10/2008
Posts: 204

Message Posted:
02/02/2010 16:09

Message 5 and message 6. Even if this were true, do you really think they would be enforced.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
02/02/2010 16:45

I think a law might be on the cards !!!

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
02/02/2010 17:57

Might it not be a simple case of economics? The builder doesn't want to spend money completing the project only to then be met with a huge claim for late completion. Why not agree but subject to completion and satisfactory snagging?



Whats the alternative? Never getting what you've paid for as so often happened in North Cyprus?

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
02/02/2010 18:35

msg 1, remember the Monty Python sketch with the 4 yorkshire men.



32 months you are lucky!!!!!!! We had it bad.



Whatever the change in law if it were to come would not be retrospective based on past experience. It would only apply to new contracts.

fazo1


Joined: 23/08/2008
Posts: 406

Message Posted:
02/02/2010 18:46

i think you should be happy to get the propertys finished never mind chasing for penalties you will never get a lot of us wont be even getting propertys or comp for been l8

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
02/02/2010 19:00

More unsafe comments.

Please don't speculate on barstool rumours, it can make people very depressed when there is no need to be.

Yes contracts are legally binding documents....how you can say they are not is beyond me.

Yes you can claim and get late completion compensation....Do what is legally required not inaction through hearsay.

Yes the court will enforce it where possible....Why not, all are equal in the eyes of the law, just because someone has lost their case or has a bad solicitor, this does not nullify due process of law.

Yes I have been there.



TonyE

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
02/02/2010 19:08

TonyE,



Best advice so far/dont roll over/call his bluff and wait and see what happens.



My final payment to our developer will be reduced to cover late completion compensation.If he's not happy he can take me to court.



Art

gallowgate


Joined: 08/06/2009
Posts: 164

Message Posted:
02/02/2010 19:13

Dont know of one case that got late completion penalties. Ask Marion at HBPG?



Best you will get is some extras on your property.



Good luck

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
02/02/2010 19:19

Mesage 14,

You don't need to ask anyone else...Read message 12, then say "Now I know of one case..."

And if you really don't believe this you can ask my lawyer in person.

TonyE

gallowgate


Joined: 08/06/2009
Posts: 164

Message Posted:
02/02/2010 19:41

Good for you elkton|||



Now I know of one case........Well done

elkiton



Joined: 15/03/2009
Posts: 514

Message Posted:
02/02/2010 20:03

Hi Gallowgate, there actually two of us, when I arrived at my "local" here in 2008 I met the other one and we were bought several beers!

I know everybody is tired of me repeating the same posting, but will somebody please tell me why this "urban myth" that says..." contracts are worthless, courts not interested, cannot get compensation.." and the like, is perpetrated by people who actually have never commenced legal action or issued a court summons, or taken out an injunction against a builder?

Do people just not take legal action because the task is too daunting, or somebody loses a case and then says "the system is no good", so they join in the chant?

Taking legal action is never simple or quick, and we have Mediterranean timescales here too, but I can assure you the legal process works. The result might not suit you, and the judgment be un-enforceable for special circumstances around the case but that is no reason so say that compensation cannot be obtained.

TonyE

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
03/02/2010 00:35

some people have ,however too much hassle,just go with the flow.







musin





long live the kktc

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
03/02/2010 01:19

Elkiton,



Who was your lawyer that got your late completion compensation.We might try him/her ,though might be time barred,

Both myself and two others tried and were told ,no point as the delay will be put down to" outwith the builders control" or variation of.That was from two separate lawyers between us.

I presume that your own builder had some similar excuse ready ,so what was the counter argument your lawyer used in court that won the judge over.

Going by what you say ,might be worth another go, as quite a lot of money involved.

jim80


Joined: 01/03/2009
Posts: 41

Message Posted:
03/02/2010 12:31

Are land owners in the same position as the purchasers when it comes to payments for late completion?



The land owners on our site are over 3 years overdue on their completion date. According to them this was due in December 2006 and as far as I know they have not received compensation.



Apart from being asked to give up compensation rights we are also being asked to pay final payments now before the builders will complete the site. These payments would not normally be due until after full completion of the site including water and electricity connections.

Jim