Private Completion of Unfinished Villa

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/02/2010 15:13

Hi everyone,



A good friend of mine is having difficulty in getting the builder to complete his Villa.



He still owes the builder a large sum of money and would like to finish the Villa himself .



Any advice or experiences would be welcome.



Thanks

nurseawful



Joined: 06/02/2009
Posts: 5934

Message Posted:
12/02/2010 15:17

Best to take legal advise before he even thinks of doing it himself plus he should check his contract!

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
12/02/2010 15:18

If you ring Kevin on 0533 840 1280 he will be able to help you.

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
12/02/2010 15:25

Recently obtained a Court order for my builder to complete the work, and bring the house up to 'as new' condition. Found that a survey report carried out by a TC company provided a good lever. Could work without the need to go to Court.



Survey carried out by: mehmetsungur@mehmetsungur.com

Tel: 392 227 3673

Mob: 0533 869 4003



Based in Lefoksa.

Very helpful, professional and speaks good English



Good luck,

greenman

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/02/2010 17:10

Message No 2



He's already taken legal advice but he wants to hear from people with personal experience's.



Thanks for your help

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
12/02/2010 17:16

whats the point of finishing it ??



The builder is unlikely to transfer the land over and if your mate doesn't pay the stage payments, the builder can get the contract voided..



As my Uncle Percy would say "its win win for the TRNC builders"....



And to think i used to laugh at mmmmm's postings telling us of the mess we Brits had got ourselves into....

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
12/02/2010 18:16

Message 6

That was the advantage of the Court Order. The details on what the builder has to do to complete and then transfer the property are defined. Also clarifies the payments e.g. the builder will pay Stopaj.



Took a while, but was worth it.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/02/2010 18:37

Message 6,



The money owed is payable on completion so the builder is not in a position to cancel the contract-infact the builder is in breach.

professoregit


Joined: 30/08/2008
Posts: 381

Message Posted:
12/02/2010 18:39

I am now finishing my house using another builder. I am suing the previous builder who owes me a tidy sum.

I had to a break the initial contract formally in writing. I also had a survey done by the Guild of Architects which shows impartiality, so I'm told. Using a private firm to do the survey could be open to question, again

so I was told by my solicitor. The survey covered the cost of the works to date, the cost of completing the

works (realtime prices) and the outstanding figure the builder has stolen from me. Very clear and concise.

I think you will have problems getting a good builder to do any work for you until you can prove the contract

has indeed been broken correctly by law and if you are taking legal action do not do anything further to the house until you have had a survey done. The builder I am using now is something else and I am of the opinion the initial bastard builder done me a favour. Good luck, if you need any further advice let me know.

racoonchic



Joined: 17/11/2008
Posts: 3223

Message Posted:
12/02/2010 18:43

why not get him to get people who go out of there way to help then are pushed to one side and someone else recommended by the previos someone can come in and carry out the free recommendations sounds good to me

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
12/02/2010 18:47

message 10

Sounds rubbish to me. Can't understand a word of it !!

racoonchic



Joined: 17/11/2008
Posts: 3223

Message Posted:
12/02/2010 20:06

the message wasnt for you

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
12/02/2010 20:55

Silly me. And I thought this was a message board. Hadn't realised it was for private messages.

magicart


Joined: 05/10/2008
Posts: 985

Message Posted:
12/02/2010 23:12

Hi Guys,



Can we please get this posting back on track-its getting a little bit personal.



Thanks

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
13/02/2010 05:49

general - "yow'l learn"



You won't beat them fellas - they stick together...



Look at the AGA ladies - years of campaigning - they got their dosh back or a completed home ?





You are throwing good money after bad....

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
13/02/2010 07:00

The solicitor we asked on completing ourselves said that even though the original builder was "in breach of contract" if you brought in someone else he would proabably sue you for not allowing him to complete.



Sounded martian to us but is correct.



As for court orders etc just look at case of Don & Sheila on HBPG site and elsewhere here. Their builder is counter suing after judgement was made against him, for loss of income due to bad publicity from the case!!!!!! Plus other things of course.



This is no worse than elswhere in world but once you start be prepared to be in it for the long haul. Most of the builders here have nothing to loose.

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
14/02/2010 11:06

We did exactly what you are planning to do, we however combined with two other people on our development in the same position, it is may be easier to do it on your own but you will have legal fees of about £1,000. We had a legal agreement written up by Gurkan and Gurkan which we managed to get the builder to sign. We paid the contractors direct and obtained a receipt for the work they carried out and gave these receipts to the solicitor. All three houses are now complete whereas those around us who did not go down this route are still at varying stages of completion. During the build we paid the contractors daily, never in advance. One of the owners was there all the time, we worked out a rota. We were lucky enough to have a good friend who covered for us when nobody could be in the TRNC. It maked life easier if you pay with cash. Good luck with it .

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
14/02/2010 11:14

We did exactly what you are planning to do, we however combined with two other people on our development in the same position, it is may be easier to do it on your own but you will have legal fees of about £1,000. We had a legal agreement written up by Gurkan and Gurkan which we managed to get the builder to sign. We paid the contractors direct and obtained a receipt for the work they carried out and gave these receipts to the solicitor. All three houses are now complete whereas those around us who did not go down this route are still at varying stages of completion. During the build we paid the contractors daily, never in advance. One of the owners was there all the time, we worked out a rota. We were lucky enough to have a good friend who covered for us when nobody could be in the TRNC. It maked life easier if you pay with cash. Good luck with it .

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
14/02/2010 11:28

the only people who are likely to win are the lawyers...



So much for "unpoilt paradise"

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
14/02/2010 13:18

Hello again, just remembered couple of things to check before you go ahead. Make sure you will be able to get your electric and water connected, sounds bit obvious but critical. Our house and the one next door to us were on the same drawings supplied to the elecricity board. The house next to us was further ahead than ours but was not able to get electircity on until our planning permission was paid and registered. It is worth checking this. The agreement we came to with out builder was that we would use all his workers and contractors and pay them direct, obaining a receipt to deduct from the amount outstanding to him. We had a clause built in that if the work was not completed by a certain date we would use any builder and deduct the cost. We went down this route so that we could demonstate to a court that he had been given every opportunity to complete the contract. Hope that helps pleased to assist if we can as I know how stressful it can be, took us about four months to finish.

cypgab


Joined: 09/01/2010
Posts: 338

Message Posted:
14/02/2010 20:14

quote from message 10: why not get him to get people who go out of there way to help then are pushed to one side and someone else recommended by the previos someone can come in and carry out the free recommendations sounds good to me





I'd be interested in knowing what it means as well. Sounds garbled to me.

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
15/02/2010 08:50

msg 20



re electric etc.



It is esy to check things out for that we did ours.



Go to Kaymakamlic, just passed Girne Hospital and check there is a building permit for the site. You will need map, site and plot numbers etc all on your contract.



Then go to see Cahun at Kib Tec offices in Girne. This is the office about 50 yards up street from where you pay, going away from sea. Tiny entrance and up the rickety stairs. Very nice man who will do all to help and check if a project is submitted. You will need all above plus Permit Number.



Water is done through Belidyse.



WE were lucky, totally f******* cos we had none of the above and left with a massive bill to pay for building permit or not!

carol050560


Joined: 14/07/2009
Posts: 30

Message Posted:
22/02/2010 13:09

Thank you for information about about having a report carried out by Mehmet Sungar. I have just come off the phone and feel, perhaps for the first time in months, that I have found someone who will get things done. I am about to start legal proceedings against our builder. If anyone else has any suggestions it would be good to here them.