Continuous calls from solicitor for cert of completion

If i employed professionals to look after this transaction i would expect that everything that should be done was done at the time and i would be flabbergasted to have the matter reopened after 7 years.
 
I think you may be missing the point that the certificate of completion is a separate assignment that doesn't form.part of the original build project. The benefit of this to the householder is that they can complete the final aspects of the job in their own time and when they can afford it.

We waited 5 years before completing our kerbing and tarring outside (when we had saved up for it) and we never expected for a minute that the engineer's original fee would have included this additional work years later. Neither did anyone suggest to us that it should have.
 
I think you're missing the point that it's outrageous that nobody informed the client that there would be additional costs, billable later. It's perfectly reasonable for the client to expect to at least be informed about this. Would you sign up for something where random bills would arrive at unspecified points in the future? That sort of information is what the client retained professionals for. (The comparison to a kerbing and tarring job does not seem apposite). In this case I would say it is the solicitor who should have informed him, since it was the solicitor who gave the undertaking to the bank that the certificate of compliance would be produced. From what I read elsewhere, in the past the mortgage could not be drawn down, and the client would have to rely on bridging finance, until the final paperwork was produced. This practice was changed to rely on undertakings from solicitors. I would imagine the banks are now panicking about being able to demonstrate the quality of their residential mortgage assets and are chasing old paperwork.

In any case, it sounds like the client is going to have to bite the bullet and pay for this some time. That begs two questions -- is there any onus on him to produce it now rather than later in his own good time? And if 2k sounds like a mad price to pay the original engineer to produce a piece of paper for a job which the engineer himself oversaw, can the client go elsewhere to get it done cheaper? I see online ads for certs of compliance from €250, although there will be qualifications in it for parts of the structure that can't be inspected. Again, can the bank do anything about this?
 
dub_nerd said:
I think you're missing the point that it's outrageous that nobody informed the client that there would be additional costs, billable later. It's perfectly reasonable for the client to expect to at least be informed about this. Would you sign up for something where random bills would arrive at unspecified points in the future?
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When you take on the responsibility of a house self build, its beyond obvious that if you don't look after your own interests, nobody else will, and there will invariably be unforeseen hurdles, costs and complications which can't be dumped in turn to third parties.
 
" It's perfectly reasonable for the client to expect to at least be informed about this."

Ah but you see we are only hearing one side of the story! Imagine if we heard the other side!

mf
 
Mf1,

Your last post is a disgrace, you are inferring that I am not telling the truth. In your first post you suggested that altruistic solicitors were drawing down money on clients promises alone (laughable). You then in a subsequent post stated in an aggressive manner (The.Bank.That.Lent.Him.The.Money.) an inaccuracy, the bank have not asked my brother for anything.
What would I possibly have to gain by telling a cock and bull story on an anonymous forum? I wanted somebody who has had a similar situation to definitely confirm for me that my brother has had bad service and was thus not liable to spend 2k. Anything else and I would be fooling myself.

This site would be useless if everyones posts were considered half truths!
Another poster said you were well regarded, not by me. The technical term for you is Troll.

T Mc Gibney,
You lecture me on coming here with a fixed opinion, of course I have, if you can definitively prove my opinion wrong I will change my mind. You did the opposite by saying you were afforded all the time you needed to furnish the cert(you saved up for 5 years to complete outstanding work), my brother still has some unfinished wall to build around the site?
What makes you different? Unless you didn't borrow the money(again, the bank have not requested anything from my brother), if that is the case then your post/experience is not relevant to my situation.
 
I don't think anyone is saying you are not truthful-just that we are only hearing your side of the story. It is reasonable to believe that the other side (engineer/solicitor) would have their view of what transpired 7yrs ago. In the absence of this no one can be sure what is or was.
In the meantime, in a public forum, posters forming opinions or advising based on the facts presented or based on experiences is what AAM is all about. I notice you are a new poster, and many that responded are very regular contibutors that have helped with good advice to loads of people on matter such as this or totally different matters. Their advice here may be spot on or it may be wrong-but they are entitled to their opinion without you being critical of them.

If you don't value the advice I am sure paid advice is available. This advice may not differ from what was said here and if so, would you reject it too?

If you say the bank are not looking for this-and the house is not for sale anytime soon, what has led to this becoming such a big matter for the solicitor? Is he facing some sort of audit or investigation into his practice by the law society or something like that and trying to get files in order?

I realise that you are looking for others to post with a similar experience-hopefully you will get some to do so. My thinking is that unless they used the same professionals, their experience may be totally different and of little help with this question.
 
With respect Luternau most threads started here begin with just one side of the story. I have no idea what the engineers or solicitors defence would be(but I would love to hear it after a 7 year delay) .
It's hard to value advice when you ask a question that i answered in the opening post, yes the solicitor is being investigated by the law society and the bank to tidy up incomplete files. In my last post I also stated that I would change my mind if you could definitively show that I was wrong (but you did/chose not to read that either) so I would not reject paid advice or sound advice from poster on AAM if it contradicted my fixed opinion (having a fixed opinion is apparently frowned upon)

I may be a new poster but I am not new to AAM, I have used the site a lot down through the years. I just used to disregard the irrelevant/offensive posts stuck in the middle of threads. I didn't realise how personal it would become when it was my own thread and I reserve the right to be critical of posters who misrepresent, misinterpret and cast doubts on my version of events.
You try to sound reasonable in you post and perhaps you are, but to be honest you sound condescending and are subtly telling me to go away. Which is the best advice I have got so far.
Cheers
 
Sorry for repeating some facts-this thread is nothing but confusing.

Yes, I am trying to be reasonable, and I definitely not being condesending or telling you to go away. How can you read that in to my post? Most people have tried to help you with advice. Sadly you reject most of it.

With respect, it is you that have been condesending to people here, including me now for no reason. No one called you untruthful. Wondering the other side of events is not unreasonable. By rubbishing other peoples thoughts and opinions you are really being disrectful to these people ( seeing as you put so much emphasis on ones right to an opinion).

Finally, I hope you get this cleared up.
 
Having recently bought and renovated a house, there is a couple of issues here......

Firstly a poster saying that not having the cert of compliance is not a big deal, well we were not even getting a mortgage and my solicitor advised not to go ahead with the purchase of the property because their cert of compliance had gone missing.
The vendor had to go to the original architect and get a the cert reissued, in order for the sale to go through how much that cost, i have no idea.....

Move on, we purchased the house and built on, planning etc the whole works.......

How can the bank be responsible for the cert, if you don't get it until the work is completed ? We got our builder, the architect visited the site a no. of times and said he was happy with he build and when the work was finished, on the architects final payment he gave me his "opinions on compliance" with the building regulations and some other cert.

To the OP, did your brother not ask for the certs at the time, i think going back now is a bit much ?

Another poster said something about kerbing and tarmacadam the driveway, that has absolutely nothing to do, with the basic structure of the property and whether it complies with building and planning regulations.

On and by the way, i was told the documents (original copies) given to me by the architect, should be lodged with the deeds as they are extremely important in the event we ever want to sell.......

I would also say, the contract we had with the architect, expressly said that the final part of his contract was to certify the build on receiving the final payment....
 
Anyone who labels mf1, imho probably the most valuable contributor to AAM over the past decade, as a troll is undeserving of assistance here, at least in my book.

Over and out.
 
roadrunner13 said:
You are making assumptions that the client (my brother) promised the sun etc to get the final drawdown. In actual fact they were in the position to hand back €20k of the morgage they didn't use, but anyway....
bank.
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So they didn't draw down the entire mortgage? If the last stage payment was not drawn down it changes matters.
 
t mcgibney said:
anyone who labels mf1, imho probably the most valuable contributor to aam over the past decade, as a troll is undeserving of assistance here, at least in my book.

Over and out.
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I dunno about that, she has a very funny sense of humour sometimes.:p
 
@mf1 please give me the statutory reference to certificate of compliance.
I can find none. But would be relieved if you could.
It may be on the conveyancing completion rules, which is a different matter.
 
It's General Condition 36 ( the Planning condition) of the normal Law Society Contract. Only a fool would use their own makey uppy Contract.

mf
 
roadrunner13 said:
...My brother hired professionals to guide him through the legal and planning process, and paid them in full on what he was told was completion....
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Is there no invoice or contact documenting what was being paid for. is the cert of compliance not part of that process?
 
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