Lochloy Development

Received from a concerned resident following reports in last weeks Nairnshire.

I am a resident of Old Bar Road.

I’m assuming the Nairnshire’s article is accurate.

My understanding is that Jack’s Contracts do not have a legal liability for maintaining the open spaces in this part of Nairn, although it has been their employees (now redundant) who have been doing the work. I believe the legal responsibility lies with the company with legal ownership of the common ground. According to our missives, this is a company called Lochloy Properties Ltd which is, according to documents available from Companies House, a subsidiary of Courtallam Developments Ltd. This company has appointed a “Factor”  contractor called Hubbies for Hire (Scotland) Ltd. Hubbies for Hire have been using Jack’s Contracts employees to deliver their responsibilities.

According to the documents available from Companies House, Michael Jack is a director of all of these companies.

Although Jack’s Contracts have gone into receivership, there is no legal or financial reason that I can see why any of the companies in the actual chain of accountability for maintaining the common ground should avoid their responsibilities. Hubbies for Hire has been charging residents annual fees and should continue to deliver on their contract. They are not bound by their contracts to use Jack’s Contracts employees. However, having spoken with her, I know that Hubbies for Hire’s Company Secretary is relying on the Jacks’ receivership and the redundancy of Jacks’ employees to explain the hiatus in maintaining the common land, including the emptying of the pooh bins. She is talking about resolving the problem by consulting with residents – at some unspecified time in the future – about the appointment of an alternative Factor, rather than ensuring that Hubbies for Hire deliver on their contract.

3 Responses to “Lochloy Development”

  • Xenit says:

    I am a prospective buyer of a new home from Courtallam which trades as Kylauren. If Michael Jack is the director of all of these companies, and Jack’s Contracts is in receivership, shouldn’t I be worried about paying any amount (reservation, missives, etc) to Courtallam t/a Kylauren?

  • Simon Noble says:

    Only just picked up your point, so apologise that it will likely no longer be useful to your decision. Jacks’ contracts, the ones who went into administration, were the builders. Presumably, Kylauren will appoint a new builder to construct your home, so you’d be wise to search companies house for the name of the directors and the financial history of these new builders. Provided Kylauren are solvent and the new builders too, the main issue to reassure yourself about will be warranty issues once you’ve moved in, I would have thought. It might be worth finding out what has happened to those souls who moved in shortly before Jacks’ went bust – who’s going to resolve their construction snags and how might that experience inform your position?

  • Frank duffy says:

    Hi I’ve recently moved to Nairn and have read the foregoing with interest. Im looking to buy in the Lochloy area but have some concerns as today (05/05/2013) the roads in Sutors Park have not been adopted by the council and I believe the first houses were built in 2003. 10 years on and the roads have not been adopted seems rather unusual. I ask the question when the footpaths and roads are adopted do the council upkeep the public areas next to them, and are the residents of Sutors Park aware that they may be held responsible for the roads upkeep. I assume a roads bond was placed with the council during construction by the builder to ensure completion even if the builder goes into liquidation. If this was the case, why the delay. TEN YEARS ??????.Maybe time for local residents to contact their MP. Is Osprey Crescent, Sutors View, Sutors Crescent, Table Road, Old Bar Road, Speirs Crescent adopted. If considered part of the one development residents may want to check with Highland Council. I fear a nasty surprise awaits. Contact Highland Council at 01463703630 for details of roads that are adopted.

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