New Houses in Diswellstown Castleknock

[cmx_70]

Question RE Hamilton Park contracts.

Hi Folks,

We're at the point of signing contract for Hamilton Park, and our solicitor asked the developers solicitor (DS) to amend several conditions:

(a) One is that the price of the property upon signing is not final and that it can change post-signing (it mentions increase in labour / materials cost as a reason). The purchaser would therefore be liable for the increased cost.
The DS refuses to remove this.

(b) The DS also refuses to include a condition that the house will be as per specifications as advertised (ie regarding kitchen counters, fridge, washer, dryer etc).

Can I ask, did anybody's solicitor notice item (a) above ?, did you have it removed ? Or if not, did the value of the property change after you signed ?

Secondly, RE (b) above, did other peoples contracts also not include reference to the specifications of the house ? And if not, was the house equipped as advertised ? As per brochure ?

Thanks.

Just to add my experience, it matches what has been reported here by others. The clause mentioned by you in paragraph [a] is something that is in most building contracts my solicitor explained, a protection clause for the builder that is seldom if ever exercised. I guess it falls under the category of "disclaimer" that we are all familiar with in legal contracts. I recollect the same clause being present in contracts I signed back in 2003 for a new build 3 Bed duplex .

I would like to suppose that contractors are not buying materials day to day but rather have materials contracts that are based on an agreed price at the start of the project, a future proof costing that allows accurate pricing of the houses. In the second hand market there is also the risk = gazumping.

What you write in paragraph (b) also looks familiar. It should match the Show House for contents unless the EA states otherwise, that was the case in DM, the exception being the WM & Dryer. In the original brochures I understand these were included as an enticement to sign contracts early but that does not apply now, the EA tells you this when asked. Do not be surprised by changes on a theme between what you get and what you seen in the show house, I notice the interior colour scheme differs on the new houses in DM versus the Show House. Another example of the subtle differences was the bannister on the stairs, in the show house it was finished with a dark wood oil, in the new houses it is varnished natural wood.

I would also encourage you to seek the architects drawings for the exterior as well as the interior of the property. It appears to me that most legal contracts in these big developments provide floor plans and ordnance survey boundary maps but no real architect plans that confirm beyond reasonable doubt what the exterior will look like. I say this because the exterior may change depending on the house location within the development. You may be disappointed to learn that the exterior of the house differs from that of the show house, and btw do not trust the EA when you ask him if your house will match the show house.

 

[cmx_70]

To: New Home Buyers In DM
Subject: Snag Resolution

Guys can you tell me what your approach was to house defects identified in the Snag? Repair or replacement? For example, it would appear that the finish on the doors in the houses in DM are easily chipped, typically this will happen at the corner edges of the door. Have ye guys insisted on replacement of the doors or accepted a repair to the damaged area? The replacement of a complete door for a "small" defect like chipped wood sounds drastic but the hesitation I feel on accepting a repair is the prospect of the repair coming undone when the contractor is long gone.

 

[pauric]

Does anyone know when the apartments in Hamilton Park will be going on sale? They look like they are currently being built at the moment.

 

[Korcula16]

To: New Home Buyers In DM
Subject: Snag Resolution

Guys can you tell me what your approach was to house defects identified in the Snag? Repair or replacement? For example, it would appear that the finish on the doors in the houses in DM are easily chipped, typically this will happen at the corner edges of the door. Have ye guys insisted on replacement of the doors or accepted a repair to the damaged area? The replacement of a complete door for a "small" defect like chipped wood sounds drastic but the hesitation I feel on accepting a repair is the prospect of the repair coming undone when the contractor is long gone.

We didn't really have anything which we thought required complete replacement ourselves. Items like chips or scratches in wood or paint we accepted repair as long as it looked like a decent enough job.
Also, between floorers and furniture movers etc the place will likely get damaged anyway so resign yourself to doing some touching up and repair work yourself regardless!

 

[cmx_70]

We didn't really have anything which we thought required complete replacement ourselves. Items like chips or scratches in wood or paint we accepted repair as long as it looked like a decent enough job.
Also, between floorers and furniture movers etc the place will likely get damaged anyway so resign yourself to doing some touching up and repair work yourself regardless!

BTW, Who did you choose for the move, were you happy with the service and price point?

 

[Empirix]

Glad somebody has raised issues with HP contracts.
As well as above Park flatly refused to allow the standard "subject to mortgage" clause in their sale contracts for us, despite the fact that right from the start we advised their agents we were mortgaged buyers, even providing loan approval letters etc. This means you potentially stand to lose your sizeable deposit funds should bank lending fall through at the end of the day for whatever reason prior to final completion. At least in DM if you prove you have adequate AIP they will allow the clause which gives you a level of comfort. At the end of the day circumstances can conspire out of your control in this regard so thought this was a bit of an unfair risk to be put on a buyer.
Park solicitors also would not agree to be bound by their replies to pre contract queries, which seems baffling to me! I also understand it is a prohibited consumer contract term under EU communities regulations.
Overall found them fairly unrelenting when it came to contract negotiation, take it or leave it, plenty more in line if you don't like it kind of attitude.
Hopefully you have a better experience, and in fairness it seems like most people are closing regardless so I wish you the best with it, but we gave them the two fingers in the end.

Surely one for a politician, this is downright bullying and should be raised, if anything the developers come across as rubbing their greedy hands if somebody fails at the final fence with the mortgage being issued. Unrelenting greed and very stressful for the buyers!

 

[NoNamePerson]

For people in DM living in semi-detached houses - how have you found the sound insulation between the parti-walls between each house?

 

[SureThisIsIt]

For people in DM living in semi-detached houses - how have you found the sound insulation between the parti-walls between each house?

Only time I've ever heard the adjoining neighbours was when they (sounded like) were hammering up a picture/painting. Other than this sounds perfect - can't ever hear the neighbours.

 

[Empirix]

Anys recs for snaggers for Hamilton Park. We are thinking it would be ideal to have somebody who has snagged other properties there. many thnaks

 

[cmx_70]

Anys recs for snaggers for Hamilton Park. We are thinking it would be ideal to have somebody who has snagged other properties there. many thnaks

Enclosed is some of the research I performed into the candidates for conducting a snag in the D15 area. Ultimately I chose to execute the snag myself based on what I read on the forum about what these guys actually do for the money and having read a number of the sample snag reports provided to me. Their inspections appeared to me to be brief & without technical depth. It was unclear to me if they would be able to identify a structural defect without opening walls or testing the house systems, this they do not appear to do because the house is still the property of the developer at the time of the snag. There is however a case to be made that perhaps a snag report submitted by an architect on headed paper may be respected more by the builder than a report submitted by a person who is not in the building trade.

If we agree that the inspection of the house by the architect is a superficial one then there is no way it would surpass the inspection ye guys could do yourself, ye have a vested interest and ye will take the time to do a thorough inspection. Ultimately if the house meets your expectations and ye are happy with the quality of what you see before you then the process has been a success. Learn from others and available sample reports, create your own checklist and execute the inspection if ye have the time to do so.

Checklist Objectives:
Q. Is it functional? Is it reliable? [Applies to all house systems/units/windows/electrical sockets/lights/appliances/toilets/showers/baths/radiators etc etc]
Q. Is the house leak free? Evidence of water damage from inside or out? Verify boiler/drains/gutters/bathroom/utility room/kitchen/water harvester etc etc .
Q. Is the house weather sealed? Verify windows/doors/attic/ flashing etc etc.
Q. Quality of finish, workmanship wrt woodwork/plaster work /fitted units / painted walls & ceilings / tiling / plumbing.
Q. Does the content of the house match the spec of the house?
Q. Check floorboards/stairs. Quality acceptable, squeak free.

Talk to the neighbours in the previous phase, what was their experience.

My research based on phone calls and emails:
Name.............Fee........Comment
Thorntons.......399.......Sample snag detailed but only captured superficial
defects.

Declan Clabby..530........This report is carried out on a non-invasive basis and on
what is visible to the eye only. There is no opening up of any works completed nor is there any specialist tests carried out. We will identify all snag items and if the power supply is connected we can turn on the heating
to check that the radiators etc. are heating up and we
also turn on the taps to see what type of water
pressure there is. We also inspect the attic to ensure
that the insulation is in tact. The visit normally takes
at least 2 hours.

FivesevenArchitects.350...Good references

Mcgovern O'brien.....553....7 days notice +5day report compile
Conspect...........................No Reply. Sample snag = Good Quality.
[Author:Mike Fleming]

Thomas Quinn No Reply

 

[ASG12345]

Did anyone get their house cleaned after getting floors down before moving in or even find that the house needed more than a vacuum and dust? Any recommendations?

 

[SureThisIsIt]

Hamilton Park 4 Storey Apartments being built close to boundary of Diswellstown Manor.

Arrived home today to a letter from Cllr. Ted Leddy about planning permission granted for HP, and there will be a residents meeting to discuss.:
Fingal Planning Reference: FW16A/0093.

Can't really tell where specifically the apartments are going to be? along what wall. will read up more on the Fingal application & associated documents.

Anyone thoughts on this from DM residents?

 

[Alesto]

Any chance you could post the letter in here. Or even the details? I saw the letter come in the door but think it has been binned

 

[lukeskywalker]

Basically it says that planning permission has been granted for 4 storey apartments close to the boundary of DM (I assume on the road that has the future gate into the school from the drawing on Fingal CC website). There is a meeting in the carpenter pub at 8pm on Thursday to discuss a possible appeal to An Bord Pleanala.

 

[Alesto]

Basically it says that planning permission has been granted for 4 storey apartments close to the boundary of DM (I assume on the road that has the future gate into the school from the drawing on Fingal CC website). There is a meeting in the carpenter pub at 8pm on Thursday to discuss a possible appeal to An Bord Pleanala.

Cool thanks

 

[LeannD]

According to the online plan, I think it's too late - "The submission/observation period for this application expired on 02-Aug-2016"

I wonder if anything can be done at this stage. Building is already quite advanced.

 

[lukeskywalker]

They are not yet under construction as far as I know, at least I cant see any foundations...

 

[Empirix]

Basically it says that planning permission has been granted for 4 storey apartments close to the boundary of DM (I assume on the road that has the future gate into the school from the drawing on Fingal CC website). There is a meeting in the carpenter pub at 8pm on Thursday to discuss a possible appeal to An Bord Pleanala.

4 storey(bit too high)? I thought they were only 2 storey? How many units, surely can't be many? We bought in HP over the far side of this and even i am concerned with that!

 

[Alesto]

Planning has changed from 2 story to 4 story apparently. From the plans it does look quite imposing, hence the meeting tomorrow night.

There are a few weeks left to lodge any objections as far as I know.

 

[LeannD]

They are not yet under construction as far as I know, at least I cant see any foundations...

We're probably talking about different things then... construction of apartment block is well underway in HP, 2 levels already built if I'm not mistaken (road is not open for traffic)