Compensation for Late Completion of Property

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27 Jul 2007 12:00 AM by sandra Star rating in . 812 posts Send private message

sandra´s avatar

Have any  members succesfully claimed and actually received any?

Was there a clause in your contract that stated a completion date and how the compensation was to be calculated?

Did you have to go to court to claim?

And was it a straightforward process making the claim?

Or

Did you claim on the basis of more than a six month delay and without a compensation clause in your contract?

And what are the criteria for ensuring such a (through the courts)  claim is successful ?

Is late completion alone sufficient cause to persuade a judge to award compensation?

 Regards,




This message was last edited by sandra on 7/27/2007.

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31 Jul 2007 4:44 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Dear Sandra:

Please find answers below in orange:

Have any  members succesfully claimed and actually received any?

Was there a clause in your contract that stated a completion date and how the compensation was to be calculated? Even if this kind of claus is not exoplicitly in the contract, consumers Law and Supreme Court decissions have already filled in these bklanks and both the completion date and the compensation can be stablished by legal mandate.

Did you have to go to court to claim? Not always.

And was it a straightforward process making the claim? Claim can be made in an out of court negotiation. Also taking into account the existence or non existence of a Bank Guarantee, which, in both cases, can benefit you in the negotiations, if you use proper legal reasoning. I will definitively try in the Out of Courts.

Or

Did you claim on the basis of more than a six month delay and without a compensation clause in your contract?

And what are the criteria for ensuring such a (through the courts)  claim is successful ? Those 4 , 5, 6 ( even less)  months are enough for a compensation.

Is late completion alone sufficient cause to persuade a judge to award compensation? Yes it is.

 Regards,



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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