Part 48 published on 01/11/14
Builder liable to Plaintiffs for change in relation to size of balcony. Claim against Syndicat dismissed
The Plaintiffs entered into an agreement of purchase and sale with the builder which, as evidenced by their site inspection of the premises, included a very large balcony (twice the size of the neighbouring balcony), and an enclosed storage space. The Plaintiffs moved into the unit in May 2010. Without notice to the Plaintiffs, In July 2010, the builder started work behind the building, which resulted in the Plaintiffs’ balcony being reduced by half of its size, and the neighbouring balcony being increased by a corresponding amount.
The Plaintiffs were later advised that the work was required to address an error made at the time of construction, which had reversed the balcony sizes for the two neighbouring units. The evidence was clear that the Plaintiffs were never advised of this error prior to work being commenced. The Plaintiffs claimed for lost market value as against the builder and the Syndicat. The Plaintiffs succeeded in their claim against the builder. The claim against the Syndicat was dismissed.