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Issue with Developer

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1 Issue with Developer on Tue Dec 07, 2010 11:22 pm


Arresto Menor
Good day!

We bought a house & lot last June from a developer and paid for it in cash to take advantage of their discount. As it was pre-selling, we were only shown a turnover model unit. They have since started construction. However, the new houses have thinner walls on the second level. When I asked, they informed me that "as part of the Research & Development Design, the wall at 2nd floor was revised from 4” thickness to 3”."

They also cited part of my signed Contract to Sell: “The VENDEE agrees that the VENDOR may make alterations, revisions and/or deletions (hereinafter called modifications) in the plans and specifications in the course of construction, including the subdivision and housing components in any part of the Project, as the VENDOR may deem necessary to comply with the national or local government laws, rules and regulations, or to further enhance the value of the structure of the building."

My question is, is there a way we can get them to build our house based on their model unit's specs, considering that we paid, in full, based on those specs? And also because I don't know what law, rule or regulation they're complying with by reducing the thickness of the walls and how thinner walls "enhance the value of the structure of the building".

Thank you very much in advance for any advice you can give us on this matter.

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2 Re: Issue with Developer on Wed Dec 08, 2010 6:16 pm


the legal question here is whether it is a substantial breach of the contract to replace 4" walls to 3" walls for the second floor. i am not an engineer, so you will have to consult one.

i do not believe the clause they cited is valid unless they can point out that there is a law that requires them to use the 3" walls.

for your peace of mind, consult an engineer whether this will substantially affect the integrity of the house. to my mind it will not because it is on the second floor and it will reduce the load on the first. but i'm just a lawyer.

if you plan to sue, the remedy is to file a complaint at the hlurb.

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3 Re: Issue with Developer on Wed Dec 08, 2010 9:34 pm


Arresto Menor
Thank you very much for your quick reply. They haven't started on our house yet but when the time comes, I will take your advice and consult an engineer. And should the issue merit it, I will go to HLURB. Again, thank you and have a good day!

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