UK residents sue Jamaican housing developer

Housing developer DCR Hardware Construction & Development has been sued by a couple for its alleged  failure to deliver a two-bedroom house in Ocho Rios Country Club in St Ann in a habitable condition.

The claimants are Ernest Francis, a quantity surveyor, and Yvette Francis, a baker, both residing in London in the United Kingdom.

They have stated in court documents filed in the Supreme Court on May 1, that in March 2022 they entered into an agreement with the defendant to buy a two-bedroom house for $34 million which was to be constructed within a specified time.

The claimants, who are being represented by attorney-at-law Anthony Williams, instructed by the law firm Usim, Williams & Co,  have stated that in January 2023 they received an unsigned practical completion certificate and visited the property in April 2023 and found it to be uninhabitable.

Letters were sent on April 13, 2023 on their behalf by the law firm Usim,Williams & Co listing all the defects of the property, requesting the original specifications of the property that were  never received as well as a revised timeline for completion.

By letter dated April 24, 2023, the defendant sent certain documents which included letter of possession and duplicate certificate of title.

The defendants through their attorneys-at-law Abendana & Abendana advised that upon settlement of the balance of the purchase monies, arrangements would be made for the keys to be collected.

The closing balance was paid on May 16, 2023 but the claimants said despite making several trips from England to Jamaica to check on the completion of the property, it has not been completed and they are unable to occupy the property because they have not received the keys.

The claimants have outlined major and minor defects in the property and stated that the defendants and their servants or agents have failed, neglected and refused to remedy them.

They stated that up to January 4 this year when they visited the property it was still uninhabitable.

The defendant advised by letter dated January 17 that the defects would be addressed in 10 days but the property still remains unfit for occupancy, the claimants stated.

The defendant, which specialises in building gated residential communities, is being sued for breach of contract because of its alleged failure to deliver the property within the time scheduled for completion and for allegedly failing to address or rectify the defects which were pointed out by the claimants. 

Also, for allegedly failing or neglecting to deliver the property with the quality and standard required for human habitation.

In seeking damages, the claimants contend that the defendant failed, neglected or refused to provide the duty of care owed by a vendor to a purchaser.

Williams says the defendant was served with the suit on June 17 and has 14 days in which to acknowledge it.

- Barbara Gayle

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