shulgin1000
Registered User
- Messages
- 43
A bit long-winded..but bear with me!
Background
I will be completing the purchase of a house in the coming weeks (?). Everyone else on my phase of the development has signed but I won't sign till the house is actually completed (they still have fencing to do) - and thats before we even get to snagging - and theres going to be plenty of fun and games there given what i have seen. In addition, I am going to have to force my builder to tile (as contracted) having politely asked on three occassions - only to be told that 'everyone has taken the allowance (€600) and arranged their own tiling'. If I wanted to go self-build, I would have and i'd be out of pocket anyways - so i wont settle.
I told the builder i would snag when they finish the fencing - a couple of weeks later and its still not done (it would take 1 workman 2 days max) - so i'm getting the feeling that theyre waiting me out.
Now my circumstances are such that unlike most, I can afford to wait for the most part if needs be ie. I would rather wait and get a house signed over as contracted rather than have the builders get one over me. The other side of that is theres no completion date on the contract - so theres going to be some limit as to how long i'd be prepared to wait if it came to that.
They have most of the cash (stage payments) but theres still a fair wedge left yet - and I know that I have some power up until the point i hand over the readies. I'm gearing up for trouble in advance of the snagging - as the workmanship is horrendous.
I'm looking for any other leverage I can find to bring about completion as contracted - which leads me to the following;
Objecting to a Planning Application
Before I initially signed contracts - about 12 months ago - the developer told me that there would be no further traffic through the development i was buying into ie. any further phases would have seperate access from the public road. This was not stipulated in the contract. I recently discovered that the builder submitted an application for planning in July for the next phase - with access through my estate.
There are legit claims that any further phases should have seperate access as theres a tight 90* turn coming into the current phase. However, if I am having problems with completion in a couple of weeks (as anticipated), could I slip in an objection to their next phase (totally unrelated of course)? Would it be too late to do so given that the application went in over two months ago (currently has a status of 'further info required')?
If this is possible, how much would this cost me?
It is clear to me that the contractor wants to timetable works so that he can move his crew on to the next phase immediately after finishing the current. The threat of a delay might help my cause.
Background
I will be completing the purchase of a house in the coming weeks (?). Everyone else on my phase of the development has signed but I won't sign till the house is actually completed (they still have fencing to do) - and thats before we even get to snagging - and theres going to be plenty of fun and games there given what i have seen. In addition, I am going to have to force my builder to tile (as contracted) having politely asked on three occassions - only to be told that 'everyone has taken the allowance (€600) and arranged their own tiling'. If I wanted to go self-build, I would have and i'd be out of pocket anyways - so i wont settle.
I told the builder i would snag when they finish the fencing - a couple of weeks later and its still not done (it would take 1 workman 2 days max) - so i'm getting the feeling that theyre waiting me out.
Now my circumstances are such that unlike most, I can afford to wait for the most part if needs be ie. I would rather wait and get a house signed over as contracted rather than have the builders get one over me. The other side of that is theres no completion date on the contract - so theres going to be some limit as to how long i'd be prepared to wait if it came to that.
They have most of the cash (stage payments) but theres still a fair wedge left yet - and I know that I have some power up until the point i hand over the readies. I'm gearing up for trouble in advance of the snagging - as the workmanship is horrendous.
I'm looking for any other leverage I can find to bring about completion as contracted - which leads me to the following;
Objecting to a Planning Application
Before I initially signed contracts - about 12 months ago - the developer told me that there would be no further traffic through the development i was buying into ie. any further phases would have seperate access from the public road. This was not stipulated in the contract. I recently discovered that the builder submitted an application for planning in July for the next phase - with access through my estate.
There are legit claims that any further phases should have seperate access as theres a tight 90* turn coming into the current phase. However, if I am having problems with completion in a couple of weeks (as anticipated), could I slip in an objection to their next phase (totally unrelated of course)? Would it be too late to do so given that the application went in over two months ago (currently has a status of 'further info required')?
If this is possible, how much would this cost me?
It is clear to me that the contractor wants to timetable works so that he can move his crew on to the next phase immediately after finishing the current. The threat of a delay might help my cause.