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Tuesday, 22 March 2011

Vila Verde and The Walls!

Some people could be forgiven for thinking that Tecnicil's Vila Verde Resort on the Cape Verde Island of Sal is something that is always in our Blog. This is probably quite normal considering there are more than 1200 units on the resort and we have been snagging around a third of these for the last two years.

And sometimes it feels like we have been snagging individual units for two years! Now, the reason for this post was to touch on an issue that many clients have mentioned to us so, in a kind of two-birds-with-one-stone approach we thought we'd explain what we have seen happen with regards to some common snags, especially the one regarding the wall. Or the not wall. The lack thereof, as our legal brethren would say.

The original spec for many of the apartments in Vila Verde included a small wall that divided the kitchen from the lounge. It was not meant to be a large wall, only a metre and a half and was more of a partition, really. However, although included in the original spec, and therefore a contractual item, the wall was not put in.

Tecnicil have said that they decided not to go ahead with this wall because they felt that ascetically the lounge and kitchen area looked better without it. Fenh Shui apart, it is up to you the client to decide if this missing wall is something that you want to address. From Snagging Overseas we would underline that this is not actually a snag in and of itself (More legalese there) because it is a deviation from spec and one that is documented and obvious. However, the information we have received indicates that there is a clause in the Promissory contract, Clause Two of the Annexes, we are told, that states that Tecnicil does have the right to make modifications to the spec. It appears that under this contract they only have to notify clients if this modification results in a change in area to the apartment of more than 2%.

As this is not the case then it is moot as to whether this missing wall constitutes breach of contract on Tecnicil’s part. We do not regard it as a snagging issue because it is not something that can be “remedied” or that can be fixed. You will need the services of your lawyer to decide if this is the sticking point.

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