Late Completion

I have in my contract that I can claim compensation for Late completion i.e.the builder has 90 days from the date of completion to finish the property.  My original date of completion was 30th January, 2008, but I am not too sure how the lateness is calculated
For example, as far as I am aware I should be due compensation from about 29th April, but to when??  Is it the date my completion letter is issued by my agent or is it the actual date of handover of the keys.

Can someone advise as I am awaiting my letter of completion this week from my agent and I know that there is no mentionof compensation on it.  Do I have to take this up with my lawyer or should it have been automatic?

Thanks for any help.

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Hola Sharon & David. 

I would've thought the 90 days was from contractual completion date which you say was 30th January, 2008.

I also would think that the date your agent says property is ready is the date you could complete (whether you did or not on that date is another matter) so the compensation should be from the 90th day to that date. 

Just my thoughts. Sounds right I think. 

Regarding no mention of compensation in the agent's letter I wouldn't think it would be offered on a plate to be honest. Think you may well have to demand it & fight to get it too.

We need Maria.

Anyway, good luck & maybe one day we'll meet in Almoradi market preferably at Cafe Vienna's.


This message was last edited by morerosado on 5/26/2008.

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Leeabby, please have answers below in bold green:

I have in my contract that I can claim compensation for Late completion i.e.the builder has 90 days from the date of completion to finish the property.  My original date of completion was 30th January, 2008, but I am not too sure how the lateness is calculated
For example, as far as I am aware I should be due compensation from about 29th April, but to when??  To the day you sign your Notary deed ( with First Occupation License of course). The day 1 is January 30th unless they can justify a force majeure reason for the extension of 3 months. Which ( existence of justifying force majeure) is pretty difficult.  Is it the date my completion letter is issued by my agent or is it the actual date of handover of the keys.

Can someone advise as I am awaiting my letter of completion this week from my agent and I know that there is no mentionof compensation on it.  Do I have to take this up with my lawyer or should it have been automatic? It should be automatic as it s expressed and agreed in the contract, but you will have to fight for that through your lawyer.

Thanks for any help.

This message was last edited by mariadecastro on 5/27/2008.

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Thank you both for your help.
I have written to my lawyer and asked that she deal with it.

Sharon

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