Liquidated damages

ponzutwo · Mar 09, 2023 1:53 pm

onni.palaste

ponzutwo

wait....15k? are you saying they're OVERDUE on the contractual completion date by 18 months? If so, i think LD might be the least of your worries. What stage is the house at?

Its 10 months... $50 x 30 x 10 = roughly $15000
Its 95% complete.. Builder has been promising to have PC soon since ages.. hopefully we can have by the end of this month.
It says calendar day so hoping I don't have to fight them with their possible argument saying business days.. lol

thats insane for a build to be sitting there that close to completion. Did you receive any extension notices on timing? That might undo your claim

onni.palaste · Mar 09, 2023 2:02 pm

ponzutwo

onni.palaste

ponzutwo

wait....15k? are you saying they're OVERDUE on the contractual completion date by 18 months? If so, i think LD might be the least of your worries. What stage is the house at?

Its 10 months... $50 x 30 x 10 = roughly $15000
Its 95% complete.. Builder has been promising to have PC soon since ages.. hopefully we can have by the end of this month.
It says calendar day so hoping I don't have to fight them with their possible argument saying business days.. lol

thats insane for a build to be sitting there that close to completion. Did you receive any extension notices on timing? That might undo your claim

Yeah, I don't really understand any benefit builder are going to have dragging it this slow.
Received a few EOTs, accepted some legit ones and had to get lawyer involved to reject some bs ones. They haven't provided any response when we seek clarification of those EOTs so don't think they have any stance to claim those EOTs.

ponzutwo · Mar 09, 2023 2:08 pm

onni.palaste

Yeah, I don't really understand any benefit builder are going to have dragging it this slow.
Received a few EOTs, accepted some legit ones and had to get lawyer involved to reject some bs ones. They haven't provided any response when we seek clarification of those EOTs so don't think they have any stance to claim those EOTs.

Hmmm something tells me you're not going to squeeze 15k out of this. In anycase, Good luck!

onni.palaste · Mar 09, 2023 2:10 pm

ponzutwo

onni.palaste

Yeah, I don't really understand any benefit builder are going to have dragging it this slow.
Received a few EOTs, accepted some legit ones and had to get lawyer involved to reject some bs ones. They haven't provided any response when we seek clarification of those EOTs so don't think they have any stance to claim those EOTs.

Hmmm something tells me you're not going to squeeze 15k out of this. In anycase, Good luck!

I know I have to fight.. i'm prepared to spend $2K to lawyer out of that 15K lol

ponzutwo · Mar 09, 2023 2:13 pm

onni.palaste

ponzutwo

onni.palaste

Yeah, I don't really understand any benefit builder are going to have dragging it this slow.
Received a few EOTs, accepted some legit ones and had to get lawyer involved to reject some bs ones. They haven't provided any response when we seek clarification of those EOTs so don't think they have any stance to claim those EOTs.

Hmmm something tells me you're not going to squeeze 15k out of this. In anycase, Good luck!

I know I have to fight.. i'm prepared to spend $2K to lawyer out of that 15K lol

you could lawyer all you like if the builder ends up being insolvent. You may want to do some more digging and sus out what's holding things up before you start counting those racks

chippy · Mar 09, 2023 3:34 pm

For a house to sit there 95% completed for 10 months is ringing alarm bells.
Is it a large builder or a smaller builder?
Personally I wouldn't give the builder any hint that you are going to make a claim. In this climate you may be one of the unfortunate people to not get your house completed.
I'd be letting them think they are going to get all there money so they have the maximum desire to finish. If the builder is struggling and they expect that it's not worth their effort to finish because you are going to try and withhold a large sum they may just not bother.
I'm not saying this is the case but sometimes it's best not to telegraph your next move.

onni.palaste · Mar 09, 2023 4:35 pm

chippy

For a house to sit there 95% completed for 10 months is ringing alarm bells.
Is it a large builder or a smaller builder?
Personally I wouldn't give the builder any hint that you are going to make a claim. In this climate you may be one of the unfortunate people to not get your house completed.
I'd be letting them think they are going to get all there money so they have the maximum desire to finish. If the builder is struggling and they expect that it's not worth their effort to finish because you are going to try and withhold a large sum they may just not bother.
I'm not saying this is the case but sometimes it's best not to telegraph your next move.

I mean it is now at 95% complete. The whole build progress has been like this hence even after 18 months we are not into our home yet. They are smaller builder.
I haven’t mentioned about LD claim yet and won’t do it until we have PC.