A housing developer, DCR Hardware Construction & Development, is in hot water with a couple who claim the company didn’t deliver a habitable two-bedroom house in Ocho Rios Country Club, St Ann.
The couple, Ernest Francis (a quantity surveyor) and Yvette Francis (a baker), who live in London, are behind this lawsuit. They said in court documents filed on May 1 that they had agreed to buy this house for $34 million back in March 2022, with the understanding it would be built within a certain timeframe.
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Represented by attorney Anthony Williams from the firm Usim, Williams & Co., the Francises explained that in January 2023, they got an unsigned completion certificate and, when they visited the property in April 2023, it was in no shape to be lived in.
Their lawyers sent a letter on April 13, 2023, listing all the property defects and asking for the original specifications and a new completion timeline. In response, on April 24, 2023, the developers sent some documents, including a letter of possession and a duplicate certificate of title.
The developers, via their attorneys Abendana & Abendana, said they would arrange for the keys to be handed over once the final payment was made. The Francises paid the closing balance on May 16, 2023, but even after several trips from England to Jamaica, they still haven’t received the keys and the property remains incomplete and uninhabitable.
The couple pointed out numerous defects and stated that the developers and their team have ignored or refused to fix them. When they visited on January 4 this year, the house was still not ready to live in. The developers promised in a letter dated January 17 that the defects would be fixed within 10 days, but the house is still not fit for occupancy.
Specializing in gated residential communities, DCR Hardware Construction & Development is being sued for breach of contract. The couple claims the company failed to finish the house on time, didn’t fix the defects, and didn’t meet the quality standards needed for a habitable home. They’re seeking damages, arguing the developers didn’t provide the duty of care expected from a seller to a buyer.
Attorney Williams said the lawsuit was served on June 17, and the developers have 14 days to respond.
