Fight By Law The Home Builder Company That Build My New House

[uluru70]

Hi, I sign a contract to build my new house in Baan Sarey (PATTAYA) in November 2008...they start build in February 2009. The contract that I sign in November 2008 say that the house will be finish end of October 2009 from that date in 1 months they wiil change in my wife name.

My situation at the moment is:

2 months agoo we agree with the home builder manager that the house will be late one months, then will be finish end of November 2009. Our plane was to move before Christmas 2009.

I really don't think they will respect the termine.

So, can anyone pls here tell me what I can do...with kind of action I can do to this company builders...and if can recommend me a good company lawyer if I have to fight with them (Pattaya).

Any risk for me? Can I win, ...the contract here is valid like in Europe or what, mean if they don't respect can I ask money from them for the time I could not go inside the house like the contract we sign?

Have anybody had bad experience like me or I am unlucky hehehe!

Thanks a lot for the answer

[richardt1808]

The first point, is that when doing any kind of building like this I think that any reasonable person would anticipate delays so I am wondering why you are getting so worked up about this ? Relax. Building delays happen all over the world and we have had a particularly wet rainy season so it is perfectly understandable that your builder would have lost time due to the weather.

If you get into a legal battle with your developer over a few short weeks, then you are only going to cause yourself headaches and I would urge you to try and negotiate, rather than threaten legal action at this point. If you commence a lawsuit, with the house so near to completion there is always the chance that the builder is going to stop work and focus on the legal battle, instead of completing your house properly.

It all really depends on what is written and agreed in your contract. Does it specify any penalty for delay in handing over ?

In major construction works, there are normally completion guarantees and agreed fines per day, but if your contract does not provide for a specific penalty, you would have to sue the developer and prove that you are actually suffered a financial loss (as opposed to having pre-determined amount agreed in advance). The court is likely to try and have both parties compromise, so you will probably not get the amount you are demanding anyway; and then you have to pay your lawyer.

My advice is relax. Don't get into a temper about it - especially if you are dealing with a Thai agent. You will have more chance of getting your house completed on time if you offer him a case of whiskey.

[jimmym40]

Good advice from Richard's post above. Nothing at all you can do if penalty details were not in the original contract. AND, even if there were, it would not be finacial beneficial for you to take to court. The courts probably would take a year or more to hear the case, and the lawyers would be the only ones to benefit.

Make peace with the builder and play on his sympathy. If it is critical for you to move in before X-Mass, throw the builder a bone (offer a bonus if he completes the work by lets say 10 Dec. You don't have to tell any lies, offer the bone, and if he misses the then agreed upon completion date, just smile and say "sorry", you no complete on time.

Make sure you get this in writing if you go this route.

Good Luck.

[anothertorres]

Have anybody had bad experience like me or I am unlucky hehehe!

Thanks a lot for the answer

can i ask what the builder's reason was for the delay? you aren't just the only one. i have an acquaintance whose house has been delayed because of the rainy season wreaking havoc with the heavy machines, therefore, they could not get the piles in the ground.

what's the builder's excuse?

[Rimmer]

In my not so limited experience projects most always go over budget and over time

[uluru70]

The reason that the house will not finish in time is: they choise people that make a lot of mistake during build the house (ex they miss a wall!!! ...and they build like shit everything including some wall inside looks banana shape!!!)...then they decide to kick out the 1st team workers ( I saw drank people work in the roof in March 2008, and I already complain every time I visit them, every 2 weeks, but...they still continue to work until middle of September 2009), then in September 2009 they take a 2nd team of workers to fix ALL, a lot of mistake in the house and build like unprofessional until that time, then they lose time to fix the job from the 1st team.

But they warranty to me they will finish in time.

Is true, I know about the time and work is not like in Switzerland of course, so I decided that will stay relax and wait. PS My friend have a same problem in Phuket, and he is architekt in my country, say to me the same, relax, and before go to visit the house drink a bit ;-)

But just in case, can somebody tell me a good company law in Pattaya specialist about this.

Thanks to everybody.

[jaapfries]

The reason that the house will not finish in time is: they choise people that make a lot of mistake during build the house (ex they miss a wall!!! ...and they build like shit everything including some wall inside looks banana shape!!!)...then they decide to kick out the 1st team workers ( I saw drank people work in the roof in March 2008, and I already complain every time I visit them, every 2 weeks, but...they still continue to work until middle of September 2009), then in September 2009 they take a 2nd team of workers to fix ALL, a lot of mistake in the house and build like unprofessional until that time, then they lose time to fix the job from the 1st team.

But they warranty to me they will finish in time.

Is true, I know about the time and work is not like in Switzerland of course, so I decided that will stay relax and wait. PS My friend have a same problem in Phuket, and he is architekt in my country, say to me the same, relax, and before go to visit the house drink a bit ;-)

But just in case, can somebody tell me a good company law in Pattaya specialist about this.

Thanks to everybody.

Dear Uluru70,

Perhaps I can help you.

We have acted as arbitrators in a number of cases where there were disagreements between Owner <-> Contractor.

I have been in the building business for well over 18 years and currently building an Eco-Villa development, just outside of Pattaya, a stone's throw from Bang-Seray, hence we are very familiar with the area and, more imprtantly, with the Local Body officials (Inspectors ec.)

In 99% of these situations, "arbitration" is the key to resolving the matter, without great expense to any party.

The first thing needed is a copy of the agreement you have with the builder; including Plans, Specifications and Engineer's Clculations. A copy of he Chanote would also be helpful.

Then we would go and make a physical inspection at your building-project, followed by a gentle discussion with your Contractor.

Based upon the resuls from the above steps, we would then recommend a solution, which is acceptable to all parties involved, if that is possible.

If a situation becomes truly untennable, we have one of the best lawyers (Master at Law) in this area a our disposal, who alsom happens to be the Chairman of the Royal Thai Law Society Eastern Seaboard Region.

Just PM (Personal Message) me and then we can communicate by e-mail, phone, fax etc.

Best Regards,

JGK/Pattaya

[whatchamacallit]

Forget the legal route - it's not worth the time, money and most important of all the extra stress it would cause. Work with your contractor to get the job completed and just move on. 3 months to 6 months overdue for a fairly big project is NOT the least bit uncommon. You're in Thailand - go with the flow and enjoy your new house.

[thaihome]

Dear Uluru70,

Perhaps I can help you.

...

In 99% of these situations, "arbitration" is the key to resolving the matter, without great expense to any party.

Worth pointing out that what you are proposing is known as mediation not arbitration. I do agree that for the OP, meditation is a path well worth exploring.

For me, the key to such situations is to understand the builder’s issues and his motivations and using that understanding to turn the situation around in your favor. Often not easy to do, but confrontations is these situations rarely turn out well and generally everyone loses.

TH

[Rimmer]

Methinks when dealing with builders it is better to get into meditation rather than mediation.

[PattayaParent]

The first point, is that when doing any kind of building like this I think that any reasonable person would anticipate delays so I am wondering why you are getting so worked up about this ? Relax. Building delays happen all over the world and we have had a particularly wet rainy season so it is perfectly understandable that your builder would have lost time due to the weather.

Wow, would you be available to give your expert advice to my client (PTT) when they impose liquidated damages of US$1 million a day for my company's failure to complete there project on time, I'm sure their Directors would appreciate a bottle of whisky as compensation instead,

[uluru70]

Jaapfries. Thanks, I appreciate and if the situation will not be better i will contact you.

I've been today to visit my house...the situation is: They move a lot of workers to try to finish the house in time, before end of November.

But anyway I have an appointement with the owner of the company, the salesgirl suggest to inform him, cause he think in his company everybody work well, cause the manager does not inform him about the situation, and now i know some farang that they bought there too have some problem too.

Like we say "affaire a suivre".

Thanks to everybody for the information.