Problem With A House Builder

[april81]

Hi,

I got lot of problems with the builder of my house, 6 months late to build it relative to the contract, house dangerous, lot of things to repair, i paid myself around 300.000 baths and everything isn’t fix yet. My lawyer told me we are sure to win the trial before the court but it seems that the builder hasn’t any money and my lawyer said me it isn’t a problem because the judge can order the seizure of his assets (car, house, money in his account even in a few years when he gets some…) ? Have you ever heard about it ? Can he be sentenced to jail ? Thanks for your help

[Mario2008]

Jailtime for not paying debts is normally not possible. Seizure of assets and auctioning them off is.

[dave111223]

If you've only paid 300,000 so far, they can't have done much? Just cancel the contract and find a new builder.

[robblok]

Problem what i have heard is that once they know they are going to loose they just put all their possessions in someone else his or her name.

[PattayaPhom]

If you've only paid 300,000 so far, they can't have done much? Just cancel the contract and find a new builder.

I think he means 300,000 extra to do repairs on top already

[april81]

If you've only paid 300,000 so far, they can't have done much? Just cancel the contract and find a new builder.

I think he means 300,000 extra to do repairs on top already

Thanks guys, yes and it will be probably 400.000 baths, to complete the information my lawyer ask 10% of what i claim to the court and i have to pay 2% of this amount so it will be 48.000 bahts of charge for me if i accept even if i loose or win the trial.

[dave111223]

If you've only paid 300,000 so far, they can't have done much? Just cancel the contract and find a new builder.

I think he means 300,000 extra to do repairs on top already

Thanks guys, yes and it will be probably 400.000 baths, to complete the information my lawyer ask 10% of what i claim to the court and i have to pay 2% of this amount so it will be 48.000 bahts of charge for me if i accept even if i loose or win the trial.

I'm having difficulty understanding your situation. You mean you have paid 100% of the contract amount + an additional 400,000THB? Why did you pay for the house in full if you were unhappy with the work?

IMHO asking to having someone thrown in jail, because they didn't build your house good enough, is ridiculous. If the house is "dangerous", ie structurally unsafe, surely you noticed this at the time of piles and columns, why keep paying them?

Edited January 30, 2013 by dave111223

[Langsuan Man]

Sounds to me like you have gone from one theif (the builder) to another (the lawyer)

Do your really expect the lawyer to tell you the truth about your chances of collecting from the builder ?

And I bet that the lawyer is getting paid as this case continues.......and continues......and continues

Please post your results in about three years from now

[april81]

If you've only paid 300,000 so far, they can't have done much? Just cancel the contract and find a new builder.

I think he means 300,000 extra to do repairs on top already

Thanks guys, yes and it will be probably 400.000 baths, to complete the information my lawyer ask 10% of what i claim to the court and i have to pay 2% of this amount so it will be 48.000 bahts of charge for me if i accept even if i loose or win the trial.

I'm having difficulty understanding your situation. You mean you have paid 100% of the contract amount + an additional 400,000THB? Why did you pay for the house in full if you were unhappy with the work?

IMHO asking to having someone thrown in jail, because they didn't build your house good enough, is ridiculous. If the house is "dangerous", ie structurally unsafe, surely you noticed this at the time of piles and columns, why keep paying them?

Yes that's it, i paid an additional amount of 400.000b an di didn't see before the very some small fissures in the structure and columns that's an engineer issued the building permit inspect under the house and saw it, may be it appear just now i don't know...

[Rancid]

Look, been there too, but at least the clown also wanted to sort it out. There will be no assets to seize, just lawyer bills to pay. If you can cut some sort of a deal with builder probably better if he is sincere. Often they get the down payment money and buy a new car on finance ( nothing to seize) or pay off their last job, if you can cut a deal they will actually stick to more likely to see a result even if slower than you anticipated, really passing the problem onto the next client. Hard call.

[kiwiinasia]

Sue the prick.

Pay the lawyer, have some fun with the Thai legal system.

Or

Mai Pen Rai.

[bbradsby]

YOu should have the cracks in your structure looked at by an expat architect or construction manager to make sure they're not from structural movement. Many are just shrinkage of the brick or block wall or cement render finish, not the structure. How wide are the cracks, and where's your house?