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Category: Law
Satisfied Customers: 444
Experience:  Expert
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Our house builder is is in breach of contract, they have not

Customer Question

Our house builder is is in breach of contract, they have not completed within the terms of the contract, taking into account the extension periods allowed in the contract, an extension of 6 months from the last day of the extension window, what are the remedies and shat compensation should I be expecting to receive
JA: Where are you? It matters because laws vary by location.
Customer: North West England
JA: What steps have you taken so far?
Customer: We have wrote to the house builder, and asked them to explain why they have breached the contract, and for how long after the completion date we are expected to wait for completion to take place
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 8 days ago.
Category: Law
Expert:  Patrick;Lawyer replied 8 days ago.

Hello there and thank you for choosing to use our service. I am an experienced litigation solicitor specialising in pragmatic risk management. I have worked in the law across multiple jurisdictions since 1999 including USA, Ireland and England and Wales where I gained most of my practical knowledge and experience over 16 plus years. My MO with Just Answer is to provide a clear answer to your question in an efficient way. Let’s strive to achieve this together by working in tandem with your questions. This is not an instant text function but I will answer your query directly over the next 24/48 hours. This is a collaborative and interactive service so please provide as much focused information as possible in order to optimise your experience and value obtained from our platform. Keep calm and focused as these are prerequisites in commencing any legal transaction or defending any legal action or early dispute. I will return to you as quickly as I can to provide my top level summary / RSVP, request for additional information and practical guidance ~ if appropriate. This answer will not constitute any client / attorney relationship but it is my firm intention to deliver a direct answer to your question. Regards

Expert:  Patrick;Lawyer replied 8 days ago.

Does the builder accept that they are in breach and you please be specific in relation to the precise nature of the contractual breach and what in money terms this far have you lost?  Back online later to conclude my answer.  Regards

Customer: replied 8 days ago.
Morning Patrick, yes Taylor Wimpey have acknowledged verbally and in an email, that they are in breach of contract, as set out by the consumer code,
They say, that they need our plot to gain access to the remaining houses to be built on the site.
This issue was raised Iin December last year, Taylor Whimpy came up with an alternative for access to the site, they proposed to build a fence 500mm from our boundary, thus allowing access to the site and us to take possession of the house, this was all agreed by both parties and had been signed off, by there health and safety executive.
We payed our reservation fee of £1000 in July last year and a deposit of £25695.00 on exchange in October 2021,
Our completion window was Jan/Feb 2022 with a provision of a 6 month extension, the extension to the contract expires at the end of August 2022 .
Janet my partner and I were summoned to a meeting on thd 18th July where we were informed of the breach of contract and the delay of our completion until next Summer 2023 estimated 12months after the extended completion window,
We have endured the exchange dates being moved several times and as a conciquence have lost the favourable mortgage interest rates that were on offer at the time, along with a total mortgage broker fee of in and around £2400
There are also all the usual conveyancing fees that surround a house purchase, solicitors fees land registry and not limited to other smaller or larger costs to be confirmed,Taylor Wimpey, offered the opportunity to resind the contract with ourselves and give a full refund for all of our expenses to date,
Offer another similar style house on another plot.
Or wait until the site was finished next summer,
The only option that we would except is to wait until next summer, the market is extremely bouant and similar properties recently offered have all been reserved at an infated cost of £60k the plot was our desired plot as the position has an almost 360° vista of meadows and wood land. The other aernatives are all in Avenues or cul-de-sac.
In conclusion we wish to remain on the same plot we chose initially, however there are costs that will no dout arise for Janet and I in the next 12months
Rent, legal fees, mortgage re-application fees, miscellaneous costs, rise in interest rates on new mortgage, shorter length of repaymenttime as lost 12 months from original completion date, storage of our furniture and shackles, mail redirection cost.
This is not an extensive list and is not limited to additions that maybe discovered in the future or have been omitted.
There is the question of compensation to be considered along with inconvenience and compensation for the breach of contract,
I need professional advise on my next actions.
I look forward to your responseRegards ***** *****
Expert:  Patrick;Lawyer replied 7 days ago.

Back to you as quickly as I can today on this one Jason.  Regards

Expert:  Patrick;Lawyer replied 6 days ago.

If there is an admission of sorts that is certainly something to leverage in order to settle now or mediate.  Which brings us back to your direct financial losses flowing from any breach.  Given the potential span of any dispute the most prudent things flow now would be to convert the information you have kindly prove indeed above into a slightly more lean and incise chronology - complete with actual (or at least not too remote) all financial losses and obtain an opinion from a direct access barrister about these aspects to your claim prior to hopefully being able to lodge a pre-action letter and getting this resolved.  Back online later to close out.  Regards

Expert:  Patrick;Lawyer replied 5 days ago.

I would be happy to assist with any follow up or checking required here. We offer additional, customised services beyond this Q&A function if you wish to consider that option? I’ll close out my answer with my final thoughts upon your response. Regards