Builders to Sue for Contract Breach

N

Nell

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Hi folks, closing the sale on my house (new build) shortly. Have just been told by me solicitor that as we did not complete by "X" date as stipulated in my works completion notice, they are now charging me intersest on the outstanding amt and could litigate against me if I do not close within 14 days of today, and lose my 10% deposit.
All that was holding me up was them to confirm the snag had been completed which they have now done. BTW the house is ready 6 months early. Very heavy handed approach I feel.
 
Its not the same market anymore where the builder used to not mind one pulling out, they often just could sell to another at a higher price than you were locked into.

Also it could just be a mailshot generated by the date. Regardless if you are ready to close there is no problem!
 
As far as I know they would have to bring you to the high court to do the above. In thebsence of written notice, properly served on you that your snags were completed and X date to close,or risk default, I think you will not be going there. Its just a big roar from Golliath to David-heavy handed!
 
Has your solicitor not suggested if/how you might go about challenging/mitigating such penalties?
 
The Solicitor advised the sale will be closed "without prejudice" so If they want to sue me for that amount they will have to do so afterward.
 
if anyone has any property,mortgage, builder, solicitor etc.. horror stories that you would like to share with the rest of us irish folk, email over to me and i will bang them up on my blog and help educate and warn other people. email to [email protected]
 
Yes i have one !
We purchase a site + house to be built on from a local builder in August 05. We had a building agreement / contract detailling what he was going to build and for how much (staged payment). We signed the contract & paid the first stage which was the money for the site( August 05). He then started to build and paid the second stage (dec 05)which was the money for the foundations. All was going throught our solicitor. The builders wasn't involved at all and was sub-contracting everything . He couldn't be bothered with the house and we had to step in many time even though he was payed to look after the construction .At this point the builder started harrasing us and ended-up assaulting me seriously (being dealt with the Garda). We ended his involvment in the building of our house and finished it ourselves. 18 month after paying a lot of money for the site and the first phase of the building the builder refuses to transfert the deeds into our name. What can be done ? is it legal ? We are due in court to get our deeds but would like to get differents opinions on the matter. The builder is also suing us for breach of contract.

This house (which is not ours since we don't have the deeds ) is becoming our worse nightmare all because of a lazy / useless builder.

This is my story.
 
That's rubbish. I received the same sort of letter from my builders for exactly the same reason. Have your solicitor inform them that the sale has not been closed because the builders have not finished your property to a satisfactory standard. Should keep them quiet.
 
My solicitor has informed them we have complied with getting the snag done. I was up there the other day to discover they havent done many of the items set out. In the meantime they are still sending out these threats. You'd get treated better buying any other product but when it comes to a house, developers seem to be able to do what they like.
 
Nell, Kramer is right - it's BS and your solicitor should have told you that. It's a fairly standard practice as far as I can see (from my own personal experiences and from others I know) that the builders solicitor just sends out these letters on or about when the house is supposed to be finished, without checking with the builder first to see what is outstanding.
 
Thanks EFM, stress levels are high atm. Just wrote the the builders aswell asking them to let their solicitors know the status with the snag.
 
i have bough two houses and got this both times before they even started working on the Snag. Don't mind it at all - they cannot simply force you to buy a house that is not ready.
 
thanks for all the replies guys. feeling much better about things now. the
snag has been finished to my satisfaction after I stood up for myself and said I wouldnt be signing until they had everthing done! should close sale in the next 2 days.
 
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