Chartered accountant sues Manchester developer over failure to complete luxury house

A purchaser has sued Moorland Development Company in Mandeville, Manchester for its alleged failure and breach of an agreement to complete within the specified time a luxury house with a swimming pool, gazebo and hot tub at Whitehouse Beach Club in Westmoreland.

The claimant, Arleen Lee, who is a chartered accountant, stated in her claim, which was filed yesterday in the Supreme Court, that on April 20, 2021, she entered into an agreement with the defendant to purchase Lot 92 at Whitehouse Beach Club for US$120,000 which was intended for an investment or rental. 

The deposit was US$10,000 and the balance payable on completion plus all closing costs were subject to a Victoria Mutual Building Society (VMBS) mortgage.

The house was to be completed within 180 days from the date of the agreement and upon payment by the purchaser to the defendant of all sums due and payable upon delivery of vacant possession to the purchasers.

The claimant, who is being represented by attorney-at-law Anthony Williams of the firm Usim, Williams & Company, said she fulfilled all the terms and or conditions stipulated in the agreement.

It included paying the full balance purchase via a mortgage from VMBS and settle all the closing costs.

She outlined that the receipt of the payments was duly acknowledged by the defendant.

Lee said that despite the unit not being completed at all, there were materially faulty and/or substandard works executed or overseen by the defendant.

The particulars of breach of contract and or negligence include the defendant's alleged failure to complete the unit as projected and agreed as well as refund the unused funds to the claimant which they received from VMBS and duly acknowledged.

Lee is claiming special damages of US$753,000 to complete the unit as well as loss of rental at US$15,768 monthly amounting to $427,714.53 from July 1, 2023 to October 31, 2024 and continuing.

General damages are being sought for breach of contract, negligence and unjust enrichment for failing and or neglecting to deliver the property within the stipulated time or within a reasonable time.

Damages are being sought for faulty workmanship and repudiatory breaches in the execution of works in relation to the contract.

- Barbara Gayle

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