Some buyers of yet to be realized apartments in the former Houtmarktschool in Deventer have been proved right by the court in preliminary relief proceedings in the case of the renovation of the monumental building. The buyers had gone to court because they did not trust the developer after, according to them, doubtful invoices.
“This statement is a complete confirmation of the frustration of the people I represent,” says lawyer Joris Staijen of Daniels Huisman Advocaten from Deventer. Staijen represents three buyers of apartments. He previously filed summary proceedings on their behalf because work was invoiced to the Houtmarktschool about which there were doubts or which were actually carried out.
Shutting down
“In our opinion, much more has been paid by buyers than the progress of construction shows,” he says. ,, The fear was that the money would run out this way and the building would not be finished. That’s why we started this lawsuit. The judge found us to be right on all points. In principle, we could now stop the entire project, but we do not yet know what we are going to do. We still need to consider that. In addition, we are still in discussions with the counterparty, because it is in everyone’s interest that the project is eventually phased out.
The former Houtmarktschool is located in the center of Deventer, at the foot of the Bergkerk. It is a monumental building, the oldest part of which dates from 1882. Real estate agent Ten Hag had little trouble getting the project sold last year. Within a few months all the yet to be realized homes – ten luxury apartments – found a new owner, after which European Green Real Estate from Breda, the company that had purchased the expired building not long before, could get started with the renovation. But as quickly and easily as it went with the sale, so much hassle arose during and around the major renovation.
Terms
The reasons for the noise in brief: according to the building contract, the buyers of apartments had to pay in different installments. Those periods are linked to construction claims. For example, 20 percent had to be paid for making the roof completely watertight, and 10 percent for preparing the outside wall. The buyers paid this, but did not see any progress in the work. “Then the worries started,” says Staijen.
The former Houtmarktschool was sold for 785,000 euros at the end of 2017 to European Green Real Estate from Breda, of which Pieter Bosma is the only director. In the past, Bosma was involved in a number of bankruptcies and unfinished projects elsewhere in the country. He said to this newspaper earlier that all the reproaches surrounding the Houtmarktschool were unjustified. His lawyer Hein van der Put from Van der Put Advocatuur says about the ruling of the preliminary relief judge that ‘a possible appeal is being considered’. ,, The ultimate goal is for this building to be delivered beautifully. That is why we are talking to buyers. “
Insurances
The judge ruled, among other things, that Bosma, as a developer, must prepare the exterior facade within ten days of serving the judgment, subject to periodic penalty payments. He must also take out both a building insurance and a construction all-risk insurance policy for the renovation with sufficient coverage. Counsel van der Put: “We follow up on the full decision of the judge.”
