Did you miss my post or just ignore it?
I simply missed it.Did you miss my post or just ignore it?
I simply missed it.
A Vanilla / ClubMan spat; I haven't seen one of those before!
Continue...
I simply missed it.
Bit of a damp squib...
I feel I was ripped off, I was expecting at least two pages of line by line dissection of post and counter post - who should I complain to?
In my case talk to the hand ...In my case, the Law Society, in ClubMans, NASA.
In my case talk to the hand ...
Luckily there weren't any difficulties but that was not because the standard building contract is a robust, fairly balanced and even handed document, but because I was lucky enough to get average quality builders whom I badgered and cajoled to the best of my ability and who delivered buildings only 6 months after the original delivery date and to a barely acceptable standard.
However, I feel that had I not been so lucky I could have been badly exposed to interminable delays, sub standard construction and uncapped price increases.
I haven't come across a building agreement that allows uncapped price increases yet, the buidling agreement and contract for sale specify the price. How were you so exposed?
Whilst I've never seen it happen in practise, if paragraph 6a is not deleted from the standard Building Agreement the the building costs could rise.
maybe by the time the next boom happens the contract might be slightly less weighted in favour of the builder...
I disagree that the building contract is all one sided. However the standard building contract is silent as to what will happen if the builder runs over time ( and this time is usually in itself quite delayed).
The problem over the last 10 years is that the negotiating power has been firmly on the builders side so even if a solicitor wanted to make changes for their client the builder would simply refuse. It is then up to the client to either agree the standard terms or walk away. But people havent been willing to walk away. Understandably they have found their dream home, dream plans, dream investment and they cannot contemplate walking away. Whether that is about to change remains to be seen.
There has also been an ancillary problem in that people want cheaper and cheaper legal fees which means that solicitors must process more and more files to make a profit so that a certain percentage of solicitors, IMO, may not be taking the time to explain every detail to their clients. Although I feel that any conveyancing solicitor worth their salt should firmly point out the potential problem should a builder be late in closing even where they cannot do anything about it.
And then of course there is also a certain percentage of clients who simply do not listen when advices are given and afterwards claim ignorance.
I'm too sure about people not being willing to walk away, its more to do with the fact they cant as devleopers will go after them for money if they have to resell at a lower price.
I was talking in the context of walking away BEFORE signing contracts.
You should contact your solicitor and get them to check if their is a time limit for completion in the Building Agreement. It should be near the front (I believe if is clause 2 -Completion Period). The standard is that the property will be built withing 18 months. I have seen this extended to 24 months and in some a time limit removed altogether. This should be your first step.
However the standard building contract is silent as to what will happen if the builder runs over time ( and this time is usually in itself quite delayed).
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