New build - can I withhold payment until snagging list is sorted?

Marcus_Tandy

Hi -

Please can anyone advise if I can withhold funds (ie. delay legal completion) on a new build until the 'snagging' issues (missing parts, incomplete work) is sorted out? Maybe just a couple of weeks to force the issue a bit.

It will have a NHBC warranty and 2 year constructor warranty.

I don't think getting the builders back in to do the work will be so easy once the money is paid up.

Advices much appreciated. Many thanks.

M.

distilled

Only if the house is uninhabitable on the completion date. This in itself is a grey area. I wouldn't advise it. Good Luck

nelly_2

I would! hes buying a product that should be in full and complete working order.

I know builders and you will have a nightmare getting them in unless your really lucky.

Phone the nhbc and see what they reckon.

[Deleted User]

The NHBC is a hopeless institution. The new-build snagging situation is appalling and buyers just don`t have much of a leg to stand on. We had basic snags done soon after moving in but now 10 months on, there are cracks everywhere. All shrinkage cracks so not covered at all.

New build houses are not covered under product guarantees

lush_walrus

Normally snagging is complete at the point of practical completion (check with the developers if the certificate has been issued or when it will be issued) Then following that is the defects liability period, which can be 6 months, a year or two after completion of the building works (depending on the contract), during which time the contractors are legally (via contracts not linked to the sale) abliged to come back to site and complete works. Really you need to speak to your solicitors or the developers to find out what stage has been reached in relation to the building works rather than the sale to find out where you stand. The contractors one way or the other will be obliged to finish works, but are likely to want to combine completing works or fixing faults with all works to your property or other new builds on the development, rather than pop back. Until the end of the defects liability period the developers will have witheld money from the contract, to ensure that the contractors do come back. But, if the developer is also the contractor, ie the client and the contractor then you may face a harder struggle.

On the other note, if you have already exchanged, then you may well be fined for not completing on the designated date, should the developers choose to, which realistically they will. Completion of work should really be confined to prior to exchange as this is the point of negotiation.

Speak to either the developers or your solicitors and find out what stage in regards to work they are at, and you will be better informed of how you will stand

plane_boy2000

Depends how good your solictor is, but it needs to be agreed in advance with the developer - if you try to do it on the day you are in breach, and could lose your deposit.
Having just had my fingers burnt with a new build you are being very sensible, and I just wish I had done the same as some of my friends have done. It is a good motivator to get them back in because depending on who the developer is they will drag their feet.

terrierlady

what snags are outstanding? Major or just cosmetic? speak to the site agent via the sales staff who will make you an appointment to view the property with him. be sure its in working hours/ not a Friday (completion day) most are also not available at weekends.
Compile a list with him.He usually has a build programme of work and will supply dates of last minute work.
Supply your solicitor with the same agreed list as you made with the site construction manager, contact head office to let them know what your complaints are.
Also leave one with the sales team to pass onto the Sales manager.
Try to get this sorted before completion and just to make you aware the last few days of house build are usually frantic with lots of trades coming and going in the property, the home will come on in leaps and bounds in the last few days.