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#1 College Court Central Belf

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Posted 20 March 2009 - 11:45 AM

HI everyone,

I bought in height of boom just before the crash. I bought in development in College Court Central in Belfast. The completion was originally due for November 2008. They say they wont be finished until Summer 2009. And that they are entitled to an extension of time under the contract.
I recieved a letter in August 2008 saying that the delay was due to English Heritage. I recieved an email from EHS which disproved this. We wrote to them again saying is this the one reason, they said yes.

In November 2008 we sent of a notice of recission as they could not complete and they came back with a list of reasons saying they were entitled to an Extension of Time.

They listed various reasons which we asked them to elaborate on, to which they replied with exactly the same reasons word for word. I have checked a few which i was able to check (such as they discovered a NIE live unrecorded wire, and it was some time before NIE could attend site to make it safe, NIE have no record of this happening and it turns out they were lying, or else the reason for delay is not outside the builders control, such as they discovered a retaining wall, well to be honest any reasonable site investigation prior to works would have discovered this. Another reason was English Heritage delaying works as they wouldnt go to site when asked, I have an email from EH outlaying that there was no delay at all due to them, infact EH dont even attend site.

Anyway any developer who had genuine reasons would have provided more detail unless they had no detail.

SInce then I have spoke to a barrister, who says that in order to make time of the essence we need to serve notice to complete making time of the essence, giving them ten days to complete. At the minute they cannot complete. However the barrister also said that in order to be able to say we are ready willing and able to complete we would need our finance in place for the rest of the monies owed. At the minute I am trying to secure a mortgage of sorts to do this.

However i am worrried if i get this offer, take them to court and the judge orders me to take the apartment.

Does anyone have any info on this development? Is it a simple case of showing I can complete, take them to court, their reasons for an exteniosn of time not holding up, and the judge ordering them to give deposit back?

I do know there is a ruling supposedly being waited on in a similair case concerning deposits in which the judge is Justice Deeny, however I dont know if a ruling has been made yet or the circumstances surrounding it.

Any help, advice?
Cheers
Barry

#2 Malthus

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Posted 20 March 2009 - 12:01 PM

I recieved a letter in August 2008 saying that the delay was due to English Heritage.


As the name suggests English Heritage covers England the equivilent body for Northern Ireland is

http://www.ni-environment.gov.uk/

so if the builder claimed it was English Heritage that caused a delay it should'nt be hard to prove the claim was nonsense.

However i am worrried if i get this offer, take them to court and the judge orders me to take the apartment.


Check this long running thread on new build apartments

http://www.housepric...showtopic=80974

I don't know your motives for buying , however buyers who speculated on making a "quick buck" flipping new build apartments don't get a lot of sympathy.
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#3 College Court Central Belf

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Posted 20 March 2009 - 01:16 PM

As the name suggests English Heritage covers England the equivilent body for Northern Ireland is

http://www.ni-environment.gov.uk/

so if the builder claimed it was English Heritage that caused a delay it should'nt be hard to prove the claim was nonsense.



Check this long running thread on new build apartments

http://www.housepric...showtopic=80974

I don't know your motives for buying , however buyers who speculated on making a "quick buck" flipping new build apartments don't get a lot of sympathy.


Yes i have been in contact with EHS who have confirmed that they have never even attended this site. They have came up with more reasons which are false i believe.

Thanks for your comments. Im wondering if it simply comes down to contract law...ie. by me serving notice to complete...showing i have the finance in place (which I havent done yet) then they are in breach of contract as they are not entitled to an extension of time. If they cant prove in a court that they are entitled to "reasonable" extension of time, will it come down to them being in breach of contract. Im trying to act fast because once they are complete then any reasons for an EOT dont matter and im obliged to take the apartment on.

Yes one was for me to live in, the other was for BTL mortgage.

If anyone has had any valuations done on these apartments for a mortgage Id be very interested to know the outcome!
very confused with so many variables!

Also as I said there is a test case at the minute in Belfast led by Judge Deeny, if anyone has any info it would be much appreciated! Cheers

#4 RockyBalboa

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Posted 20 March 2009 - 03:38 PM

Hi
In the same position as you with another development in Belfast. Do you have any more information about the Judge Deeny case...how did you hear about this?

Edited by RockyBalboa, 20 March 2009 - 03:38 PM.


#5 talksalot81

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Posted 21 March 2009 - 11:10 AM

Any time i have been involved in something contractual, it has basically been stated that a breach on one side does not permit a breach on the other. So you have done the right thing by doing this now instead of waiting and not paying up at the end (I would not be surprised if others in other developments tried this!). If you waited I think things would be worse for you.

You do have to accept that there is a good chance that a judge would award a settlement of some sort on the contract. Unless you can prove that the delayed completion is a real problem, I suspect you may get some sort of financial award (reduction on the price) based on this and the drop in the market (i.e. had you agreed 9 months late - the price would have been away down). I am not an expert but it may be difficult to get out of the contract entirely.

#6 24gray24

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Posted 21 March 2009 - 11:22 AM

You are in the hands of your lawyers and you have to do what they say. Mostly the contracts are drawn up by the developer and are all in favour of the developer, but your lawyer will have to go through it and see if he can get you out of it. The developer is as desperate as you to get you to complete, but from the feebleness of the letters it looks as if he's skimping on his lawyers; seeing as someone is going to take a 100k loss, that's unwise. I'd be throwing money at my lawyers if I were you.
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#7 College Court Central Belf

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Posted 24 March 2009 - 08:57 AM

Hi
In the same position as you with another development in Belfast. Do you have any more information about the Judge Deeny case...how did you hear about this?



Hi all i know is that my solictor told me to wait and see what happens in some test case in which the judge was Deeny-to do with returning deposits-not sure of circumstances around it etc. However when that outcome is going to be reached I dont know.

#8 College Court Central Belf

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Posted 03 April 2009 - 01:18 PM

Hi everyone, I posted a while back regarding College Court Central apartment development in Belfast and getting out of the contract. I have found a way forward. This way is reliant on getting as many people who want the return of their deposits together. This has worked in the past and seems the only way forward. Please email me with your details ASAP thanks.
Cheers

#9 BelfastVI

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Posted 03 April 2009 - 01:24 PM

Hi everyone, I posted a while back regarding College Court Central apartment development in Belfast and getting out of the contract. I have found a way forward. This way is reliant on getting as many people who want the return of their deposits together. This has worked in the past and seems the only way forward. Please email me with your details ASAP thanks.
Cheers


Please enlighten us as 1,000's across the UK have failed to achieve what you have described.

Has the construction commenced?

#10 College Court Central Belf

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Posted 03 April 2009 - 02:41 PM

Please enlighten us as 1,000's across the UK have failed to achieve what you have described.

Has the construction commenced?


Construction has commenced. They are in breach of contract regarding completion date. They have said they are entitled to an exteniosn of time. Their reasons are the contractors own fault (not outside contractors control) Get as many people together as possible and bring them to court. Simple. T-but this is we belive going to work because the developer is in clear breach of contract. This did work on the Curzon Apartments in Belfast last year. This was the result: http://www.belfastme...cle.php?ID=2958

#11 College Court Central Belf

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Posted 03 April 2009 - 02:45 PM

Threads merged for continuity. Please also note that it is against forum rules now to post email or private addresses on here or phone numbers.

thanks for the reminder. Please email me privately anyone who has also bought in this development thanks

#12 BelfastVI

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Posted 03 April 2009 - 05:22 PM

Construction has commenced. They are in breach of contract regarding completion date. They have said they are entitled to an exteniosn of time. Their reasons are the contractors own fault (not outside contractors control) Get as many people together as possible and bring them to court. Simple. T-but this is we belive going to work because the developer is in clear breach of contract. This did work on the Curzon Apartments in Belfast last year. This was the result: http://www.belfastme...cle.php?ID=2958


My understanding of that deal is the developer had a number sold 10 or so, but was in difficulty with the rest. He approached the Housing association who agreed to buyout all the scheme. The developer who was originally selling all the units private went back to the original purchasers and, by agreement rescinded the contracts. All well until the housing Association, after pressure from the residents when back on the idea and has left the developer high and dry, now without any contracts.
Perhaps there is more to this. Normal contracts (for apartments) usually only give an indication of completion and allow for a firming up later. They also allow for extension of times. If the individual contract was poorly drafted you can't assume it has been repeated else where.
If this happened as you say I'm quite sure it would been the talk of the town.

Edited by BelfastVI, 03 April 2009 - 05:23 PM.


#13 alison

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Posted 09 April 2009 - 10:47 AM

HI everyone,

I bought in height of boom just before the crash. I bought in development in College Court Central in Belfast. The completion was originally due for November 2008. They say they wont be finished until Summer 2009. And that they are entitled to an extension of time under the contract.
I recieved a letter in August 2008 saying that the delay was due to English Heritage. I recieved an email from EHS which disproved this. We wrote to them again saying is this the one reason, they said yes.

In November 2008 we sent of a notice of recission as they could not complete and they came back with a list of reasons saying they were entitled to an Extension of Time.

They listed various reasons which we asked them to elaborate on, to which they replied with exactly the same reasons word for word. I have checked a few which i was able to check (such as they discovered a NIE live unrecorded wire, and it was some time before NIE could attend site to make it safe, NIE have no record of this happening and it turns out they were lying, or else the reason for delay is not outside the builders control, such as they discovered a retaining wall, well to be honest any reasonable site investigation prior to works would have discovered this. Another reason was English Heritage delaying works as they wouldnt go to site when asked, I have an email from EH outlaying that there was no delay at all due to them, infact EH dont even attend site.

Anyway any developer who had genuine reasons would have provided more detail unless they had no detail.

SInce then I have spoke to a barrister, who says that in order to make time of the essence we need to serve notice to complete making time of the essence, giving them ten days to complete. At the minute they cannot complete. However the barrister also said that in order to be able to say we are ready willing and able to complete we would need our finance in place for the rest of the monies owed. At the minute I am trying to secure a mortgage of sorts to do this.

However i am worrried if i get this offer, take them to court and the judge orders me to take the apartment.

Does anyone have any info on this development? Is it a simple case of showing I can complete, take them to court, their reasons for an exteniosn of time not holding up, and the judge ordering them to give deposit back?

I do know there is a ruling supposedly being waited on in a similair case concerning deposits in which the judge is Justice Deeny, however I dont know if a ruling has been made yet or the circumstances surrounding it.

Any help, advice?
Cheers
Barry



#14 alison

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Posted 09 April 2009 - 11:02 AM

Hi everyone, I posted a while back regarding College Court Central apartment development in Belfast and getting out of the contract. I have found a way forward. This way is reliant on getting as many people who want the return of their deposits together. This has worked in the past and seems the only way forward. Please email me with your details ASAP thanks.
Cheers



#15 alison

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Posted 09 April 2009 - 11:08 AM

Hi,
I am also in college court and would like to contact anyone else in the same position
my english mobile is xxxx

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