caicosbeachclubowners.myfineforum.org Forum Index caicosbeachclubowners.myfineforum.org
A forum for the owners of properties at Caicos Beach Club, South Caicos
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   Join! (free) Join! (free)
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Views on Development
Page Previous  1, 2
 
Post new topic   Reply to topic    caicosbeachclubowners.myfineforum.org Forum Index -> Caicos Beach Club
View previous topic :: View next topic  
Author Message
YellowBird



Joined: 03 Oct 2009
Posts: 40



PostPosted: Sat Oct 03, 2009 5:40 pm    Post subject:  Reply with quote

taureanjohn wrote:
Hi All,
I note that on the "eye" forum two of Yellowbird's contributions have been deleted. In these he revealed that Alden Durham, now Director of CBC, was formerly Minister of Works. And that he had been implicated in the corruption scandal and censured for his actions. So I am curious as to why somebody wishes to keep this information out of the public domain. Has perhaps Yellowbird come to an agreement with CBC re. the refund of his monies? My contract was executed on 15 Jan 2006 and I have been refused a refund on the spurious  grounds of F.M.- Mr Durham informing me that the Crown appointed a Commission of Inquiry on July 10 2008, and that this brought the Country to a standstill. But FM by its definition relates to unforeseen events; and anyway there is no way completion could have occurred within the 30 month timescale, that is just a few days after July 10. This is palpable nonesense.
I am advised that  Stanfield Grene is not truly impartial, that they helped draw up the contract . This does not surprise me as they are based in South Caicos. Can anyone recommend a litigation lawyer? Thankyou.
John.


Hi John,

I removed those postings as was threatened with a counter suit of libel if I take the developer to court. (Even though I just reposted a google search result!)

I have not made any deal with the developer but my feeling now is that it is unlikely for anyone now to be able to get a refund under clause 11 due to developer claiming force majeure for corruption and because by refunding they will be setting a precendent for all others and are protecting their investment.

The only other option is to start litigation which will take some time to come to fruition. So am open to the possibility of resale now as a a faster solution to getting money returned. Therefore it is in everyone's best interest not to be too negative in public about the resort at this point especially as work appear to be starting again soon and completion is now possible for end of 2010 but more likely mid to end 2011.

However, I am building up a case against the developer in the meantime should resale not be possible in a reasonable time frame. They are in breach of contract regardless of force majeure and I still believe that the FM claims will not hold up in court and am taking independent legal advice.

Do not use Clayton Greene for litigation as I have been told he is connected with the developer and a personal friend.
Back to top
View user's profile Send private message
YellowBird



Joined: 03 Oct 2009
Posts: 40



PostPosted: Sun Oct 04, 2009 1:14 am    Post subject: Reply with quote

Regarding point 11 on the contract which states that in the case of force majeure the seller's time to provide occupancy may be extended by a reasonable period of time. Does anyone know how long this should mean under a court of law for the contact in question? Given that the only possible force majeure event that occurred that is possibly but questionably relevant to most people's claims occurred on July 10 2008 (namely government corruption). It is now 15 months later and hand over is probably 2 years away still.
Back to top
View user's profile Send private message
lcrewer



Joined: 30 Sep 2009
Posts: 2


Location: London

PostPosted: Mon Oct 05, 2009 12:56 pm    Post subject: "A reasonable period of time" Reply with quote

YellowBird wrote:
Regarding point 11 on the contract which states that in the case of force majeure the seller's time to provide occupancy may be extended by a reasonable period of time. Does anyone know how long this should mean under a court of law for the contact in question? Given that the only possible force majeure event that occurred that is possibly but questionably relevant to most people's claims occurred on July 10 2008 (namely government corruption). It is now 15 months later and hand over is probably 2 years away still.


YB,
I have been trying to get someone (my agent and the Rahls) to define this "reasonable period of time" for a while now.
Obviously, they avoid / don't answer me.

Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    caicosbeachclubowners.myfineforum.org Forum Index -> Caicos Beach Club All times are GMT
Page Previous  1, 2
Page 2 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

Card File  Gallery  Forum Archive
Powered by phpBB © 2001, 2005 phpBB Group
Create your own free forum | Buy a domain to use with your forum