The arbitration failed because to use the cancellation clause TECNICIL needed to be put on notice to finish the property in dispute first giving them X days to complete, when they failed to complete the cancellation could occur. However this was apparently not done so termination of the contract was judged illegal. On another note clause 17 states that "the parties agree to interpret the Promissory contract in accordance with the rules of good faith" Some where it also states the law to be used is Cape Verdean law, but it was a Portuguese law that was incepted to cause the arbitration to fail.
Arbitrators
Dr Eduardo Rodrigues
Dr Geraldo Almeida appointed by TECNICIL (oops)
Dr Victor Osorio appointed by Amado Medina

At no point were any arbitration victims told there was a dispute over the single arbitrator required in the contract thus resulting in the three


Last of all ONE BIG QUESTION did anyone get notified of a force majore in October 2007 ie the sand

I will have a look when I get home in my Tecnicil file. I do remember receiving something but a search of All Mail has not found anything.

we were informed of a force majuere in October 2007 regarding the sand. Tecnicil were basically banned from using the beach sand
regards
andrew h

The ban on sand was issued by Camara municipal do Sal on the 19th October 2007. Tecnicil sent me a copy at the time, but not sure what date they sent to me.
I have a PDF of the order from the Camara.

6th September 2007

Dear Client …
I would like to provide you with an update on “Vila Verde - Santa Maria” construction progress.
Construction started, as promised, on September 2006.
Due to unexpected factors, namely sea port congestion, unavailability of aggregates and official
decision to relocate our concrete batch plant, we now find ourselves 5 months behind Schedule.
Nevertheless, we are working hard on a recovery plan in order to deliver the products within
contractual dates, taking into consideration these “force majeure” already mentioned.
We will also enable and provide, to your personal account in our system, two on-site cameras, which
will give you a more consistent means of checking on the construction progress. As you log in, the
link will be available on the Menu Bar under HELPDESK.
Please be assured that we will do our best to deliver on your expectation for a quality home in Cape
Verde, as promised.
Kind Regards,
Nuno M. Martins
Sales Manager

That's only 5 months,they were 2 years late in completing.
Wonder what other excuses they have. Time they paid for what was agreed in the contract.

Force majeuer gave Tecnicil an extra 6 months according to the contract. Any delay beyond that compensation had to be paid at specified rates. Tecnicil did abide by this part of the contract, and many apartments, mine included we're completed about 4 months after the end of force majeuer. The money back part seems less clear cut as the recent arbitration hearing has shown.

This is rather odd. I was officially asked by Tecnicil to pay the 20% for the start of construction of my property, which was in PHASE 2 !!! on the 5/10/2007 which I was early in 2008 asked to pay for the Furniture pack. Luckily I was in CV early 2008 and found only foundation laid for the block I had bought in. So its probable that in October when I paid the 20% nothing was there at all. I also have read recently that other developers in Cape Verde are refusing to pay compensation for late deliver and telling their clients to take them to court for it. ALL A RESULT OF THE ARBITRATION OF VILLA VERDE no doubt, are these Cape Verdeans intent on Shooting themselves in the foot or in fact blowing it off all together!!

Anyway if any one has the sand letter would be grateful to see it.

The force majeure letter from Tecnicil was sent on Sunday 28th October 2007 by email to all people that they had email contact details for, not sure if they sent the same letter by post to any adresses they had. The letter was dated 24th October 2007 this was sent together with the order from Sal Camera this had been copied or scanned and sent as a PDF the order was dated 19th October.

Ricky,you were Lucky paying only 20%,. I paid 50% up front, because
I listened to MRI. Biggest mistake of my life.

This site is not letting me post the PDF or JPEG
Happy to mail it if you have an address.

Thanks Peter I have a temporary email This email address is being protected from spambots. You need JavaScript enabled to view it.

I have an E Mail from my then legal representative stating that Tecnicil did not invoke force majeure on stage 2 of the development.

Hayley can you copy it to me at rick.liz36@hotmail,co.uk I and one other person are meeting the CEO alfredo next week representing about 12 people trying to down size or whatever we can achieve. Anyone wanting in on this email me at that address asap thanks

Hacker,

Some time ago you gave me a link to the properties for sale on Villa Verde, can't find it can you send it to me again, most appreciated

Regards Rick