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  1. #1
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    problem with a house builder

    Hi,

    I got lot of problems with the builder of my house, 6 months late to build it relative to the contract, house dangerous, lot of things to repair, i paid myself around 300.000 baths and everything isnít fix yet. My lawyer told me we are sure to win the trial before the court but it seems that the builder hasnít any money and my lawyer said me it isnít a problem because the judge can order the seizure of his assets (car, house, money in his account even in a few years when he gets someÖ) ? Have you ever heard about it ? Can he be sentenced to jail ? Thanks for your help

  2. #2
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by fredobkk
    Have you ever heard about it ?
    Yes. A court can impose judgement the builder repay. Getting the judgement is easy if you have proper documents to support your claim. Getting the judgement is one thing. Collecting is quite another.

    Quote Originally Posted by fredobkk
    Can he be sentenced to jail ?
    Not likely.

  3. #3
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    Caveat Emptor I am sorry to say? Thais also get screwed by Thai builders.

  4. #4
    Days Work Done! Norton's Avatar
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    Make sure your lawyer is paid only when you receive payment.

  5. #5
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    He'll be likely found guilty, and then say he can't pay. You'll take him to court again, the judgement will be enforced- and he will just say 'I can't pay', again. About this time, you will be realising you are spending more on legal fees and money on this than it is worth. But maybe you are stubborn, so you will go thru' the same process again- for the exact same result.

    My advice, just negotiate what restitution you can, and walk away. You can't lock the gate after the horse has bolted.
    probes Aliens

  6. #6
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    Quote Originally Posted by fredobkk
    house dangerous
    Quote Originally Posted by sabang
    You can't lock the gate after the horse has bolted.
    he said "house"

  7. #7
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    Quote Originally Posted by fredobkk
    i paid myself around 300.000 baths
    Shit, I would hate to see the plumbing construction bill.

    You pay for what you get here both good and bad so I would do as Sabang advised you and try negotiate some other deal by way of him repairing some things and when it comes to final payment and if you are still not happy with the work let him take you to court for not paying that last payment.

  8. #8
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    advice

    thanks to all for your advice i will probably pay 400.000 baths more to fix everything, to complete the information my lawyer ask me 10% of what i claim to the court and i have to pay 2% of this amount to the court so if i claim 400.000b it will be 48.000 bahts of charge for me if i accept even if i loose or win the trial...

  9. #9
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    #3 ' Caveat Emptor I am sorry to say? Thais also get screwed by Thai builders. '

    And even Thai sub-contractors get it in the ear, too; and from major businesses as well. This is a regular occurrence as they realize Thai 'justice is slow and expensive.

  10. #10
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    Fred, sad to say you have been ass fucked, get used to it.
    It will continue to be a feature of your life in Thailand.

  11. #11
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    Quote Originally Posted by VocalNeal View Post
    Caveat Emptor I am sorry to say? Thais also get screwed by Thai builders.
    Quite often they need to be overseed and babysat to insure the final product that you are looking for....

    It also eases the pain, if there isn't a great lump of money paid up front.
    Expenditures paid as you go works best.

  12. #12
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    Quote Originally Posted by Rural Surin View Post
    Quote Originally Posted by VocalNeal View Post
    Caveat Emptor I am sorry to say? Thais also get screwed by Thai builders.
    Quite often they need to be overseed and babysat to insure the final product that you are looking for....

    It also eases the pain, if there isn't a great lump of money paid up front.
    Expenditures paid as you go works best.
    Believe what you want Jeff, but they take great delight in ass fcucking foreigners.
    How long did you holiday here?
    There canít be good living where there is not good drinking

  13. #13
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    Quote Originally Posted by Norton View Post
    Quote Originally Posted by fredobkk
    Have you ever heard about it ?
    Yes. A court can impose judgement the builder repay. Getting the judgement is easy if you have proper documents to support your claim. Getting the judgement is one thing. Collecting is quite another.

    Quote Originally Posted by fredobkk
    Can he be sentenced to jail ?
    Not likely.
    I agree with Norton, but getting into court is only the first problem. It took me 11 months of going to meditation meetings before I actually got a court date. I finally went to court 8 months later and was basically told (in not so many words) that being a falang, and him a poor Thai, I would loose the case unless I agreed to a minimal amount. Which was a mear peanuts. Good luck with the kangroo court system.

  14. #14
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    Quote Originally Posted by peterpan View Post
    Fred, sad to say you have been ass fucked, get used to it.
    It will continue to be a feature of your life in Thailand.
    ^ Sad but true.

  15. #15
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    Quote Originally Posted by peterpan
    Fred, sad to say you have been ass fucked, get used to it.
    It will continue to be a feature of your life in Thailand.
    Yep....


    Quote Originally Posted by fredobkk
    to complete the information my lawyer ask me 10% of what i claim to the court and i have to pay 2% of this amount to the court so if i claim 400.000b it will be 48.000 bahts of charge for me if i accept even if i loose or win the trial...

    Starting next with this lawyer.


  16. #16
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    Don't waste your time and money !

    Also, next time choose a house in a famous company village, so you can be sure that it will be finished.

  17. #17
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    builders the world over are hardly known for their diligence, abilities, honesty, competence or professionalism.

    but thai builders builders can easily take incompetence and shoddyness to depths rarely encountered elsewhere.

    i have known many foreigners quickly reduced to nervous wrecks by the antics and arrogance of their builders as deadlines are passed, materials are skimped on, the kitty runs out and the site is deserted for weeks on end without so much as a by your leave.

    its not that there arent skilled builders here, some seem to be able to do a full build on time with no more than a penknife, an oily rag and a pair of flip flops, but sadly most building crews seem to consist of a bullying foreman overseeing a team of brain dead rice planters and their families who have little knowledge of the trade and have never heard of the word standards.

    as others have said, best cut your losses, and stay away from lawyers, who in any case are as avaricious and devious as builders but wear suits instead of shorts, and ask around for a recommendation to a decent local builder capable of finishing off your house, and do stay on site at all times to oversee the work, stop theft of your materials and manage the budget.
    Last edited by taxexile; 31-01-2013 at 09:06 AM.

  18. #18
    I am in Jail

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    Don't build in Thailand, total scam as evidenced above

  19. #19
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    Quote Originally Posted by Lorenzo View Post
    Don't build in Thailand, total scam as evidenced above
    But yet many of us have done rather well.

    It all boils down to a person has to know what they are doing. Sure, there will be complications; but the end result can be worth the effort...

  20. #20
    I am in Jail

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    ^how have they done well? Most either loose their house to the ho or cant sell it. Either way a total financial loss, may as well build a casket.

  21. #21
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    Quote Originally Posted by hillbilly
    It all boils down to a person has to know what they are doing
    wise words them is there

  22. #22
    Valve Master
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    I agree with Loy Toy.

  23. #23
    ENT
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    Quote Originally Posted by Rural Surin View Post
    Quote Originally Posted by VocalNeal View Post
    Caveat Emptor I am sorry to say? Thais also get screwed by Thai builders.
    Quite often they need to be overseed and babysat to insure the final product that you are looking for....

    It also eases the pain, if there isn't a great lump of money paid up front.
    Expenditures paid as you go works best.
    You're right about that.

    When I designed and got a restaurant built (converted a floor area) in Chiangmai a few years back,the hardest part was overseeing the work.

    The crew arrived with a female overseer who pretty much countermanded everything I organised.

    My lady, (the Boss) would mediate once a day, just to make it clear that the work was to go ahead along my guidelines, not the way the stupid lazy boss-ganger who spent all day eating, sleeping, muttering and scowling and shifting stuff out of place, decided.

    I got the picture that this kind of work gang was indeed a "gang" and that the overseer was the wife of (or one of the wives of) the contractor. Her main function was to make sure that the work didn't get done at the speed and plan given, causing loss in time and materials.

    Who benefited?

    The contractor mainly, as he got a percentage cut without lifting a finger as the job stretched, and the building material suppliers as more materials had to be bought to replace the crap work that I'd have to pull out every so often.
    Never in my life have I had to oversee such a deliberate scam of a job!

    Only when my lady gave orders did anything get done right, or on the three or so occasions that I blew my top and ripped shoddy work out from under the workers' feet, or put back into position stuff that the female overseer had deliberately shifted after I'd positioned it, did that bunch of criminals do any good.

    There was one good worker out of a crew of four men who I kept on for finishing work, simply because he'd actually listen to me and let mre demonstrate how to do this or that.

    Next time, I'm getting a Burmese crew in.
    ďIs it not written in your Law, ĎI said, you are godsí? John 10:34.

  24. #24
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    Is there anything you have not done, Ent?

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    ^

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