Vijay Posted April 9, 2018 Share Posted April 9, 2018 Hi, Desperately need some advice. My plot is number 3 out of 4 on a development. The developer is contracted to block pave the access road into the 4 plots in block paving, which is about 100m long. 2 of the houses are complete, 1 hasn't started at all (and not sure if it's even been sold) and I'm in the process of building. I received an email from the developer last Friday telling me they intend on constructing the access road starting the 16th. This may possibly cause me huge issues as delivery vehicles, concrete lorries and a crane could damage the block paving. In my contract under sellers obligations is the following: "No later than 3 months after the last house on the any adjoining land (then or formerly belonging to the seller) which is practically completed the seller shall at its own cost surface the said access road using block paving or such other materials as may be required by the local planning authority" Now my understanding of that is within 3 months after the last house of the 4 is practically completed, the access road will be constructed and not before. I've pointed that out to the developer but he is still going ahead with the access road and told me that I will have to pay for any damage. Can that contract clause mean anything else? Am I reading it wrong?? Thanks for any advice Vijay Link to comment Share on other sites More sharing options...
Stones Posted April 9, 2018 Share Posted April 9, 2018 The clause as worded wouldn't (as far as I can tell) preclude him from undertaking the work prior to the 'no later than' date specified. Link to comment Share on other sites More sharing options...
epsilonGreedy Posted April 9, 2018 Share Posted April 9, 2018 9 minutes ago, Stones said: The clause as worded wouldn't (as far as I can tell) preclude him from undertaking the work prior to the 'no later than' date specified. It could be argued the clause declares a 3 month window during which the seller is obligated to finish the road. Link to comment Share on other sites More sharing options...
Dreadnaught Posted April 9, 2018 Share Posted April 9, 2018 38 minutes ago, Vijay said: "No later than 3 months after the last house on the any adjoining land (then or formerly belonging to the seller) which is practically completed the seller shall at its own cost surface the said access road using block paving or such other materials as may be required by the local planning authority" Its certainly ambiguously worded. I would speak to a solicitor, at least for an initial free consultation and go from there. The interpretation of these things can depend on precedent. And besides even just a solicitors letter can be an effective means of raising the profile of your concerns with the counterpart. Link to comment Share on other sites More sharing options...
Vijay Posted April 9, 2018 Author Share Posted April 9, 2018 2 minutes ago, epsilonGreedy said: It could be argued the clause declares a 3 month window during which the seller is obligated to finish the road. That's how I've read it but it leaves me in some potential trouble if stones is right Link to comment Share on other sites More sharing options...
nod Posted April 9, 2018 Share Posted April 9, 2018 39 minutes ago, Vijay said: Hi, Desperately need some advice. My plot is number 3 out of 4 on a development. The developer is contracted to block pave the access road into the 4 plots in block paving, which is about 100m long. 2 of the houses are complete, 1 hasn't started at all (and not sure if it's even been sold) and I'm in the process of building. I received an email from the developer last Friday telling me they intend on constructing the access road starting the 16th. This may possibly cause me huge issues as delivery vehicles, concrete lorries and a crane could damage the block paving. In my contract under sellers obligations is the following: "No later than 3 months after the last house on the any adjoining land (then or formerly belonging to the seller) which is practically completed the seller shall at its own cost surface the said access road using block paving or such other materials as may be required by the local planning authority" Now my understanding of that is within 3 months after the last house of the 4 is practically completed, the access road will be constructed and not before. I've pointed that out to the developer but he is still going ahead with the access road and told me that I will have to pay for any damage. Can that contract clause mean anything else? Am I reading it wrong?? Thanks for any advice Vijay Hi Vijay If he paves the road knowing that you have heavy traffic to run over it It is his responsabilety to make sure the road capable of carrying heavy vehicles Link to comment Share on other sites More sharing options...
Vijay Posted April 9, 2018 Author Share Posted April 9, 2018 1 hour ago, Dreadnaught said: Its certainly ambiguously worded. I would speak to a solicitor, at least for an initial free consultation and go from there. The interpretation of these things can depend on precedent. And besides even just a solicitors letter can be an effective means of raising the profile of your concerns with the counterpart. Any idea what sort of solicitor I would need who would know that? Link to comment Share on other sites More sharing options...
Vijay Posted April 9, 2018 Author Share Posted April 9, 2018 55 minutes ago, nod said: Hi Vijay If he paves the road knowing that you have heavy traffic to run over it It is his responsabilety to make sure the road capable of carrying heavy vehicles It certainly seems stupid timing but I assume he's under pressure from the completed houses................ Link to comment Share on other sites More sharing options...
Dreadnaught Posted April 9, 2018 Share Posted April 9, 2018 2 minutes ago, Vijay said: Any idea what sort of solicitor I would need who would know that? As its a potential contractual dispute, any family high-street solicitor would do in the first instance. Link to comment Share on other sites More sharing options...
RandAbuild Posted April 9, 2018 Share Posted April 9, 2018 Could you: a) ask him to just install the base and delay laying the blocks until your heavy deliveries are complete? or b) get some road surface protection to spread the weight? Both are long shots but it looks like the guy is doing what the contract says. A solicitor should advise. Do you think he's trying to pressure you to get you to pick up some of the liability/cost? What happens when the 4th house is built - won't this chew up the road too? It could make this plot unsellable. Link to comment Share on other sites More sharing options...
AliG Posted April 9, 2018 Share Posted April 9, 2018 “No later than” is a fairly standard term. It is designed to stop someone delaying doing something. You wouldn’t want the road built years after you are finished. There is nothing at all to stop them doing it earlier. I really don’t see it as open to any other interpretation. Now if they were sensible they would wait until you are finished but they don’t have to. The question I would ask is what does the contract say re responsibility for repairs of your deliveries damage the road? Sadly you could be on the hook for this. Link to comment Share on other sites More sharing options...
dpmiller Posted April 10, 2018 Share Posted April 10, 2018 Surely if the paving is done correctly there will be no likelyhood of damage? After all, it will see bin lorries, oil tankers, removal vehicles on a regular basis... Link to comment Share on other sites More sharing options...
lizzie Posted April 10, 2018 Share Posted April 10, 2018 (edited) @Vijay contact the solicitor who did your plot purchase they will have all the papers and should have advised you about this at the time Edited April 10, 2018 by lizzie Link to comment Share on other sites More sharing options...
Ferdinand Posted April 10, 2018 Share Posted April 10, 2018 (edited) Hi. @Vijay As others have said, advice from a relevant solicitor or barrister would be the way if the numbers involved justify it. IANAL, however ... 11 hours ago, nod said: In my contract under sellers obligations is the following: "No later than 3 months after the last house on the any adjoining land (then or formerly belonging to the seller) which is practically completed the seller shall at its own cost surface the said access road using block paving or such other materials as may be required by the local planning authority" The seller obviously has no obligation to complete the road until 3 months after the last house is completed. Questions are 1 - whether you have a reasonable expectation that the road would continue to be suitable for purpose in letting you complete your house 2 - and if so whether the developer has forfeited any right to claim damages by his being fully aware what the road is going to be used for. if he builds it regardless then perhaps he should do it such that it cannot be damaged by construction traffic that he knows damned well will be using it. Whether this would fall under a ‘fit for purpose’ test or some aspect of Contract Law is beyond my ken. 3 - has he potentially estopped himself from claiming damages by an expectation / implied promise he may have given you that it would be possible for you to complete your house. Suspect it may not meet the test for an explicit promise. As for where for advice. I think I would frame a general question to Planning Aid in an email, and I might even send a short email to Martin Goodall of the eponymous Planning Law blog to ask if it is something he would be able to advise on professionally, and whether it is worthwhile Pursuing. @Vijay, One thing I think it is definitely worth doing is to write to the developer with proof of receipt informing him that by completing his road now it is possible that the construction traffic he knows you will need to drive over it has potential to cause damage, and perhaps that you will consider such damage to be his responsibility therefore. You may not use it, but it gives you a fact on the ground to refer back to just in case you get "but you never told me". Ferdinand Edited April 10, 2018 by Ferdinand 2 Link to comment Share on other sites More sharing options...
Dreadnaught Posted April 10, 2018 Share Posted April 10, 2018 57 minutes ago, Ferdinand said: As for where for advice. I think I would frame a general question to Planning Aid in an email, and I might even send a short email to Martin Goodall of the eponymous Planning Law blog to ask if it is something he would be able to advise on professionally, and whether it is worthwhile Pursuing. I think that these are the links: http://www.rtpi.org.uk/planning-aid/about-us/what-we-offer/ http://planninglawblog.blogspot.co.uk 1 Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 9 hours ago, RandAbuild said: Could you: a) ask him to just install the base and delay laying the blocks until your heavy deliveries are complete? or b) get some road surface protection to spread the weight? Both are long shots but it looks like the guy is doing what the contract says. A solicitor should advise. Do you think he's trying to pressure you to get you to pick up some of the liability/cost? What happens when the 4th house is built - won't this chew up the road too? It could make this plot unsellable. A base was put down and has been there for some time while the other houses were built. Road protection mats would cost a fortune and probably more than any possible repairs. The road is around 100m The last 2 plots are in the same position and I've emailed the owner last night to get his opinion on it as he was trying to sell it Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 2 hours ago, dpmiller said: Surely if the paving is done correctly there will be no likelyhood of damage? After all, it will see bin lorries, oil tankers, removal vehicles on a regular basis... I would hope so but the developer is not very forthcoming with capacities of the road. I'm trying today to find out the exact makeup of the road. There won't be bin lorries but you're absolutely correct with other heavy duty vehicles. Plus it's down to how well it's done I have been told it should be a "small estate road" which would use 80mm blocks instead of 65mm on a 225mm type 1 base and 50mm sharp sand Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 1 hour ago, lizzie said: @Vijay contact the solicitor who did your plot purchase they will have all the papers and should have advised you about this at the time Sadly he's retired Link to comment Share on other sites More sharing options...
newhome Posted April 10, 2018 Share Posted April 10, 2018 (edited) Other things to consider that should be noted in your purchase documents. Who owns the access road, and who is responsible for its ongoing maintenance once built? I have a shared access to my plot and it clearly notes that it is owned equally between the 2 plots and we are each responsible for a half share of the maintenance. My thoughts. Whilst the wording would seem to not preclude the owner from putting the access road in at any time the fact that he is selling the plots for houses to be built provides you with a reasonable expectation that the road will either be built to the standard required to allow any heavy plant traffic to pass over it if it is constructed before the houses are built, or that the builder will make good the damage on the road if it is found wanting. If the damage is a 4 way split (or whatever) I doubt that the neighbours will want to risk being liable whilst heavy building work is taking place so getting them onside may help. A solicitor’s letter should help and if your has retired he should have passed the files onto another one. Edited April 10, 2018 by newhome Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 10 hours ago, AliG said: The question I would ask is what does the contract say re responsibility for repairs of your deliveries damage the road? Sadly you could be on the hook for this. There is nothing in the contract about road damage. It only says that all the plot owners have to maintain the road. He has since said by email that if anyone damages the road (which he still owns) then they would be responsible for the repair Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 1 hour ago, Ferdinand said: One thing I think it is definitely worth doing is to write to the developer with proof of receipt informing him that by completing his road now it is possible that the construction traffic he knows you will need to drive over it has potential to cause damage, and perhaps that you will consider such damage to be his responsibility therefore. You may not use it, but it gives you a fact on the ground just in case, Ferdinand Already done. I emailed it to him Sunday night and posted it signed for yesterday. He's already replied to the email though saying if I damage the road it is my responsibility to repair it 1 Link to comment Share on other sites More sharing options...
Vijay Posted April 10, 2018 Author Share Posted April 10, 2018 Think I have found something that might help me, one of the planning conditions: 2 Link to comment Share on other sites More sharing options...
nod Posted April 10, 2018 Share Posted April 10, 2018 58 minutes ago, Vijay said: Already done. I emailed it to him Sunday night and posted it signed for yesterday. He's already replied to the email though saying if I damage the road it is my responsibility to repair it As I stated earlier Its upto him to make sure that the paving will stand heavy traffic Many new developments have large areas of block paving that have cranes and lorries running over for several years I wouldn’t be to concerned You may just have the inconvenience of constantly Jet washing mud off 1 Link to comment Share on other sites More sharing options...
newhome Posted April 10, 2018 Share Posted April 10, 2018 4 minutes ago, Vijay said: Think I have found something that might help me, one of the planning conditions: Yep, seems perfect for your needs! Link to comment Share on other sites More sharing options...
newhome Posted April 10, 2018 Share Posted April 10, 2018 Of course this could also mean that you are living with a temp road for years if the last plot isn’t sold or developed ..... Link to comment Share on other sites More sharing options...
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