# Snag list - legal implications



## Aimee (13 Jul 2006)

Can anyone tell me ............... if a snag list is submitted to a builder, how long does he have legally to deal with same???   If its being dragged out, is there anything that can be done??  Bearing in my that the completion date in the contract is not actually up yet!!

Any advice would be greatly appreciated!


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## Humpback (13 Jul 2006)

*Re: Snag list - legal impl*

When I was buying my new place, my solicitor was very clear when explaining that a snag list is not a contractual obligation on the builders, and that an incomplete snag list cannot be used as a reason to hold up completion.

The builder will say that best efforts will be made to complete the items on the list as soon as possible.

It would be best for you to prioritise your list to ensure that you get the major stuff done, and that any smaller non-essential things get a lower priority - in that you won't necessarily mind if they don't get done, or you could do them yourself.

I presume that any items on the snag which make the place unliveable would be covered by Sale of Goods/Supply of Services Act when it comes to the "fit for purpose" criteria. In that case, I guess, completion can be delayed as the contract has not been fulfilled by the builder. I'm open to correction on this.


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## serotoninsid (14 Jul 2006)

*Re: Snag list - legal impl*



			
				ronan_d_john said:
			
		

> When I was buying my new place, my solicitor was very clear when explaining that a snag list is not a contractual obligation on the builders, and that an incomplete snag list cannot be used as a reason to hold up completion.


My recent experience suggests that this is not entirely true.  If there are significant *structural* defects on the snag, these could hold up completion.

As regard the OP's original query. ie how long can they drag it out;

I'd imagine they can take as long as they want given that the completion date hasnt been reached. If they can't meet contractual obligations ref. competion date, then you should have some recourse.


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## Humpback (14 Jul 2006)

*Re: Snag list - legal impl*



			
				serotoninsid said:
			
		

> My recent experience suggests that this is not entirely true. If there are significant *structural* defects on the snag, these could hold up completion.


 
I would guess that structural defects would fit into my comment regarding "fit for purpose".



			
				serotoninsid said:
			
		

> I'd imagine they can take as long as they want given that the completion date hasnt been reached. If they can't meet contractual obligations ref. competion date, then you should have some recourse.


 
I would be surprised if the contract signed didn't have a clause whereby the builder can go past completion date without penalty, but if the purchaser did the same thing, they would be subject to the possibility of some sort of penalty.


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## serotoninsid (14 Jul 2006)

*Re: Snag list - legal impl*



			
				ronan_d_john said:
			
		

> I would guess that structural defects would fit into my comment regarding "fit for purpose".


Sounds plausible. Didnt catch that last line when scanning through your post.


			
				ronan_d_john said:
			
		

> I would be surprised if the contract signed didn't have a clause whereby the builder can go past completion date without penalty, but if the purchaser did the same thing, they would be subject to the possibility of some sort of penalty.


Very possible I'm sure!  In the current market, builders usually have themselves well covered.  I didnt even have a 'completion date'!


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## kkontour (19 Jul 2006)

Im in the same position,
Snag list being dragged out for over 5 weeks now and not all completed.  Our contractual completion date has gone by, which means we can get our deposit back.  Not much use as property has gone up 10% since then.
Win Win situation for the builder.


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## serotoninsid (19 Jul 2006)

kkontour said:
			
		

> Im in the same position,
> Our contractual completion date has gone by, which means we can get our deposit back.  Not much use as property has gone up 10% since then.
> Win Win situation for the builder.


If its a major defect, you can get your solicitor to pursue the builder for breach of contract - maybe your paying out rent whilst youve been waiting?


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## Aimee (11 Aug 2006)

hiya guys, had to bring this one back up again!  I now have written confirmation that the property is finished - but it still isn't - and whats outstanding is more than small snags.   ok so, now that i have written confirmation that the house is finished and i have written to them advising of the outstanding matters - am I in a better position?  any advices welcomed


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## Aimee (11 Aug 2006)

also just to let you guys know - any itty bitty snags have been forgotten about, I am only looking for the serious stuff to be sorted!!!!!


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## Munsterman06 (20 Aug 2006)

We have just finished building and recently moved into our house. We withheld money from the builder, he has refused to come back and complete the snag list. With our solicitors advice we have bought in other people to complete the snag list and we will furnish the solicitor with receipts. My advice is take PHOTOGRAPHIC EVIDENCE OF SNAGS just incase it goes to court it rarely does as the builder doesnt want the hassle and certainly wouldnt want to see his name in the paper. Only issue is that if your builder is homebond it maight cause a bit of hassle getting your HB11


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