Delays on completion date? Anything I can do with them?

flyandrain

Hey, guys!
I Was told by builders the completion date for my place would be this weekend, sent couple of emails to builders last week and this Monday, all told the same,

therefore, I gave a notice to my current landlord, and made a few bookings for installations & snag list, and then sent a email to builders on this Wednesday, builders replied me with new completion date, which is 7 weeks later, I am shocked when I learned this news they need another 7 weeks to comple construction, and also my solicitor told me there is nothing he can do for me.

I want to know whether the solicitor is right about that? And anything I can do to make builders to finish that early , this may cost me nearly 3k damage,

I have been to the building site last nite , it seem like everything is done to me! Any thoughts? :-(

4ensic15

flyandrain wrote: »

Hey, guys!
I Was told by builders the completion date for my place would be this weekend, sent couple of emails to builders last week and this Monday, all told the same,

therefore, I gave a notice to my current landlord, and made a few bookings for installations & snag list, and then sent a email to builders on this Wednesday, builders replied me with new completion date, which is 7 weeks later, I am shocked when I learned this news they need another 7 weeks to comple construction, and also my solicitor told me there is nothing he can do for me.

I want to know whether the solicitor is right about that? And anything I can do to make builders to finish that early , this may cost me nearly 3k damage,

I have been to the building site last nite , it seem like everything is done to me! Any thoughts? :-(

The only thing you could do would be to issue a 28 day completion notice and then threaten to sue for damages. Over the top in the circumstances.
I cant see how it would cost 3k. tell your current LL what happened and hang on for 7 weeks. Cancel all other bookings. Never rely on a builders intended closing date.

flyandrain

4ensic15 wrote: »

The only thing you could do would be to issue a 28 day completion notice and then threaten to sue for damages. Over the top in the circumstances.
I cant see how it would cost 3k. tell your current LL what happened and hang on for 7 weeks. Cancel all other bookings. Never rely on a builders intended closing date.

:(Actually it could be more than 3k, firstly i would miss the 2% cash back promotion on mortgage, if i do draw down my mortgage right now, that means i have to start paying for mortgage and rent at the same time for nearly two months, the money will be in my solicitor bank account. :mad:; financially it is impossible for me to pay both of them at the same time for two months;

and also i gave a notice to my landlord last week, he has already got someone to move in by end of September, i may have to get a short term accommodations for another 3 or 4 weeks, and plus the cost of some cancellation for orders,

i

4ensic15

flyandrain wrote: »

:(Actually it could be more than 3k, firstly i would miss the 2% cash back promotion on mortgage, if i do draw down my mortgage right now, that means i have to start paying for mortgage and rent at the same time for nearly two months, the money will be in my solicitor bank account. :mad:; financially it is impossible for me to pay both of them at the same time for two months;

and also i gave a notice to my landlord last week, he has already got someone to move in by end of September, i may have to get a short term accommodations for another 3 or 4 weeks, and plus the cost of some cancellation for orders,

i

Tell you bank what has happened. Tell you landlord. He will delay the new tenant or cancel the new one. No need to be so melodramatic.

flyandrain

4ensic15 wrote: »

flyandrain wrote: »

:(Actually it could be more than 3k, firstly i would miss the 2% cash back promotion on mortgage, if i do draw down my mortgage right now, that means i have to start paying for mortgage and rent at the same time for nearly two months, the money will be in my solicitor bank account. :mad:; financially it is impossible for me to pay both of them at the same time for two months;

and also i gave a notice to my landlord last week, he has already got someone to move in by end of September, i may have to get a short term accommodations for another 3 or 4 weeks, and plus the cost of some cancellation for orders,

i

Tell you bank what has happened. Tell you landlord. He will delay the new tenant or cancel the new one. No need to be so melodramatic.

Tbh , i did speak to banker & landlord , the banker told me to draw down the mortgage, he has no controls over this promotion,

And landlord has got new tenants already, and new tenants will move in by end of September,

But anyway thanks for ur info .

GGTrek

flyandrain wrote: »

Hey, guys!
I Was told by builders the completion date for my place would be this weekend, sent couple of emails to builders last week and this Monday, all told the same,

therefore, I gave a notice to my current landlord, and made a few bookings for installations & snag list, and then sent a email to builders on this Wednesday, builders replied me with new completion date, which is 7 weeks later, I am shocked when I learned this news they need another 7 weeks to comple construction, and also my solicitor told me there is nothing he can do for me.

I want to know whether the solicitor is right about that? And anything I can do to make builders to finish that early , this may cost me nearly 3k damage,

I have been to the building site last nite , it seem like everything is done to me! Any thoughts? :-(

Unlike other poster said: print emails of builders that stated completion date, take them to your solicitor and ask him to immediately send a 28 days completion notice to the builders detailing all the damage you are incurring because of the delay, this will wake them up and you might get a chance to enter the place before end of September. What the other poster said is typical Irish relaxed attitude to deadlines. Deadlines are very important and not meeting them costs real money! You are not melodramatic, because of the builders relaxed attitude to dates you are incurring costs which it seems the other parties (landlord and bank) are not willing to delay on their part.

flyandrain

GGTrek wrote: »

Unlike other poster said: print emails of builders that stated completion date, take them to your solicitor and ask him to immediately send a 28 days completion notice to the builders detailing all the damage you are incurring because of the delay, this will wake them up and you might get a chance to enter the place before end of September. What the other poster said is typical Irish relaxed attitude to deadlines. Deadlines are very important and not meeting them costs real money! You are not melodramatic, because of the builders relaxed attitude to dates you are incurring costs which it seems the other parties (landlord and bank) are not willing to delay on their part.

i am surprised that my solicitor told me there was nothing we could do to shake the builders last week in this matter, it seems like there is something i can do to wake them up.

Thank you for your suggestion.

Humour Me

Assuming the 2% cash back deal you have is with BOI, the Irish times is reporting that this is to be increased to 3% in the next round of the offer. You might want to talk to the bank to see if you can avail of this.

flyandrain

Humour Me wrote: »

Assuming the 2% cash back deal you have is with BOI, the Irish times is reporting that this is to be increased to 3% in the next round of the offer. You might want to talk to the bank to see if you can avail of this.

Tbh, at this stage, i just want to close the deal and move on with my life. :D:D

but it is a good news for the people, who plans to get mortgage.

Claw Hammer

GGTrek wrote: »

Unlike other poster said: print emails of builders that stated completion date, take them to your solicitor and ask him to immediately send a 28 days completion notice to the builders detailing all the damage you are incurring because of the delay, this will wake them up and you might get a chance to enter the place before end of September. What the other poster said is typical Irish relaxed attitude to deadlines. Deadlines are very important and not meeting them costs real money! You are not melodramatic, because of the builders relaxed attitude to dates you are incurring costs which it seems the other parties (landlord and bank) are not willing to delay on their part.

First of all, you don't know if the builders signed the contract or not. Secondly, in Ireland unless the contract says the opposite, closing dates are warranties only and not conditions of the contract. This means that one party can't repudiate for breach in the event of a delay. The o/p would have to issue a 28 day letter, then when the sale has not closed the solicitor would have to brief a barrister to draft proceedings. After that a summons would have to issue and be served. By then the 7 weeks would be up. The case would have to be withdrawn and there would likely be no costs for all that work paid by the builder. The o/p could lose more than 3k doing that.
The o/p will have to do a snag list and there may well be further delay as it would be madness to close with snags to be sorted out.

The solicitor is being perfectly sensible in this case.

flyandrain

Claw Hammer wrote: »

First of all, you don't know if the builders signed the contract or not. Secondly, in Ireland unless the contract says the opposite, closing dates are warranties only and not conditions of the contract. This means that one party can't repudiate for breach in the event of a delay. The o/p would have to issue a 28 day letter, then when the sale has not closed the solicitor would have to brief a barrister to draft proceedings. After that a summons would have to issue and be served. By then the 7 weeks would be up. The case would have to be withdrawn and there would likely be no costs for all that work paid by the builder. The o/p could lose more than 3k doing that.
The o/p will have to do a snag list and there may well be further delay as it would be madness to close with snags to be sorted out.

The solicitor is being perfectly sensible in this case.

That sounds very long process to go, and take more 7 weeks, and also cost me arms & legs :-(

I attached the email from builders, is this one can be used?

Claw Hammer

Doesn't look helpful. You don't say whether the builders have signed contracts. It also seems that they have covered themselves regarding delays.

GGTrek

Claw Hammer wrote: »

GGTrek wrote: »

Unlike other poster said: print emails of builders that stated completion date, take them to your solicitor and ask him to immediately send a 28 days completion notice to the builders detailing all the damage you are incurring because of the delay, this will wake them up and you might get a chance to enter the place before end of September. What the other poster said is typical Irish relaxed attitude to deadlines. Deadlines are very important and not meeting them costs real money! You are not melodramatic, because of the builders relaxed attitude to dates you are incurring costs which it seems the other parties (landlord and bank) are not willing to delay on their part.

First of all, you don't know if the builders signed the contract or not. Secondly, in Ireland unless the contract says the opposite, closing dates are warranties only and not conditions of the contract. This means that one party can't repudiate for breach in the event of a delay. The o/p would have to issue a 28 day letter, then when the sale has not closed the solicitor would have to brief a barrister to draft proceedings. After that a summons would have to issue and be served. By then the 7 weeks would be up. The case would have to be withdrawn and there would likely be no costs for all that work paid by the builder. The o/p could lose more than 3k doing that.
The o/p will have to do a snag list and there may well be further delay as it would be madness to close with snags to be sorted out.

The solicitor is being perfectly sensible in this case.

It the OP has got a contract signed by the builder with a completion date stated in it, his solicitor sending the 28 days notice will not cost the OP anything and in my previous experience it is a very GOOD method to focus the relaxed/easygoing seller/builder mind on actually completing the sale and not causing extra delays. Of course if he needs to take it to next step, due to the broken Irish legal system even for small amounts in real estate transactions it will be a real hassle to pursue the money though the courts.
The discussion about why the Irish legal system is broken for anything regarding real estate transactions (sales, rentals, building contracts, ...) would be mostly political and probably out of scope in this thread and forum. But just read this forum and you will find plenty of examples (non paying tenants, deposits overholding, delays in completions as a normal event, sub-standard construction, estate agents making up bids, county planners making up rules as they wish, ...). Irish law makes it extremely costly and extremely long in terms of time to pursue any enforcement of the rights of the faulted party no matter how small the amount (and 3k is relatively small).

Deer

I don't know if you mean the house is not finished structurally or if it's paperwork that the builder is waiting for before house can be completed.

When we moved in the paperwork still had not been completed and we were due to move out of our house. We had a chat with the builder and he agreed to what is known as sale in trust. That meant we could move in but the house sale had not closed yet. I don't think it ended up closing for 6 weeks. We paid the builder and the funds were held in his solicitors account until all paperwork was completed.

The builder was a very reasonable guy and we were also very reasonable with him during the whole building house process. The first week before we moved but had the keys we had the floor guy put in flooring using a generator we hired as esb had not connected . There were little snags that technically should have been done before closing that were being done while we were occupied. We had discussed this with builder and had told him we were okay to move in while these bits and pieces were being done.

So maybe an option for you ? Depending on what is outstanding . Your solicitor would have to be satisfied though.

flyandrain

Deer wrote: »

I don't know if you mean the house is not finished structurally or if it's paperwork that the builder is waiting for before house can be completed.

When we moved in the paperwork still had not been completed and we were due to move out of our house. We had a chat with the builder and he agreed to what is known as sale in trust. That meant we could move in but the house sale had not closed yet. I don't think it ended up closing for 6 weeks. We paid the builder and the funds were held in his solicitors account until all paperwork was completed.

The builder was a very reasonable guy and we were also very reasonable with him during the whole building house process. The first week before we moved but had the keys we had the floor guy put in flooring using a generator we hired as esb had not connected . There were little snags that technically should have been done before closing that were being done while we were occupied. We had discussed this with builder and had told him we were okay to move in while these bits and pieces were being done.

So maybe an option for you ? Depending on what is outstanding . Your solicitor would have to be satisfied though.

i dunno what caused the delay,visited the building site last week, it seems like everything is in order, The house is finished structurally, All appliances are in place, the floor is done, And a few neighbours moved in, but i can see there are lots of construction materials left inside of the house.

Deer

Why don't you ring them so, explain your situation and see if that is an option ? Builder might only be too happy to help you out.

flyandrain

Deer wrote: »

Why don't you ring them so, explain your situation and see if that is an option ? Builder might only be too happy to help you out.

yes, I did that, from the beginning when i heard that news, i called my solicitor first , and then i sent an email to explain my situation and damages would cause to me nicely, but they replied me with this message as below,:(:(:(:(

'Thank you for your email. I would like to confirm receipt of same.

I have advised site that you are very anxious to have your new home completed earlier, they said that they will do their best but unfortunately cannot promise anything as all houses are completed in line with our programme.'

Deer

That's a shame that they can't do sale in trust. I hope you get sorted. It's a very stressful time

ted1

Just pick up the phone . Emails are are obstruction in business , they leave a trail and as such people are smears reluctant to give details or commitments etc.

Call the guy asks what needs to be done and explain your situation.

Gumbo

Was the completion date based on you returning the contracts on time in May instead of June?
The 6 week delay in returning your signed contract probably meant the builder continued working on the houses that signed contracts were returned?

Might be one possible reason for the delay.

flyandrain

Deer wrote: »

That's a shame that they can't do sale in trust. I hope you get sorted. It's a very stressful time

finger crossed...:-(

ted1 wrote: »

Just pick up the phone . Emails are are obstruction in business , they leave a trail and as such people are smears reluctant to give details or commitments etc.

Call the guy asks what needs to be done and explain your situation.

i did call them several times last week, the answer is same, and also i try to call them yesterday, once i mentioned the number of house i purchased, their receptionist let me hold for a few seconds, and then tell me she would call me back, it seem like they do not want to talk to me at all ....:(

kceire wrote: »

Was the completion date based on you returning the contracts on time in May instead of June?
The 6 week delay in returning your signed contract probably meant the builder continued working on the houses that signed contracts were returned?

Might be one possible reason for the delay.

Personally i think this is just excuse to be used, if there is any delay in relation to the completion, they should inform me, but they told me the same completion date serval times over the phone and on emails.

actually the house i took over from the previous buyer, who dropped the contract in the middle of purchase.