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Update: Atlantic Breeze Development – a class action lawsuit waiting to happen

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Submitted by Tony N

The following document allegedly from a law firm acting on behalf of Preconco (Mark Maloney’s company) is being circulated on social media. The document was directed at the Caribbean Broadcasting Association (CBC).

  • David – blogmaster 23/02/2024

The Atlantic Breeze Development is a gift for any lawyer who specialises in class action lawsuits.

Mark Maloney, Preconco
Minister of Home Affairs Wilfred Abrahams
William Duguid, Senior Minister of Projects
Minister of Finance
The Honourable Prime Minister Mia Mottley
Dwight Sutherland, Minister of Housing

On May 12th 2021 the Prime Minister – The Hon Mia Amor Mottley launched a desirous and significant development in Chancery Lane, Christ Church called Atlantic Breeze – https://www.youtube.com/watch?v=lu4arb5JoAs. The Chief Executive Officer of Preconco Ltd, Mark Maloney, said it is expected that 267 homes will be constructed within a matter of months. He said while Town and Country Planning has given the required approval, the construction process is expected to start soon – (1). Up to January 2024, just over 50 homes have been constructed and sold with phase 2 well on the way.

I am a Barbadian living in Canada who bought one of these homes in phase one as my intention is to relocate to Barbados when I retire later this year. I saw the video put out by the Prime Minister’s office and was glad to see that there were still houses in Barbados that fit my budget. As I was born in Oistins, the Chancery Lane location and price made sense to me.

Unfortunately this story does not get better. The Atlantic Breeze Development is a gift for any lawyer who specialises in class action lawsuits. Most, if not all of the houses are suffering from terrible faults which can only be described as defective workmanship and the home owners in general seem not to be getting the corrective service we want from the developer. The problems we are having include but not limited to the following –



1. Cracks in nearly every house from roof to ground.
2. Leaking roofs.
3. Faulty plumbing.
4. Faulty electrical.
5. Floors tiles that peel after 3 months use.
6. The Chancery Lane road leading to the development has been destroyed.

Cracks
The cracks have been repaired but keep returning. Some houses have been repaired more than four times but these cracks simply return. Unless fixed permanentlE, they can devalue the houses and the development.

Roofs
As soon as it rains, the roofs are leaking and the solution seems to be to send persons to affix epoxy or silicone to the leaking areas. The question of rotting wood due to the leaks has not come up as yet. My question is – why should we accept patches on a new house and not replacement of the PVC roof sheeting?

Plumbing & Electrical
The electricity and water is not turned on when one purchases a house so no testing of the plumbing and electricity has been done by the developer prior to owners moving in. This is probably because they do not want to pay the utilities connection fee which will increase the sale price of the home.

Floors
The click flooring installed seems not to be able to sustain normal wear and tear as it starts to peel shortly after we took possession. Again the developer’s solution is to glue the peeling areas down.

Road
The terrible condition of the road is probably that due to the heavy trucks used by the developer and this has caused havoc to home owners cars. As this project is scheduled to take at least 3 more years to complete, are we to continue paying vehicle repairs without compensation? The solution seems to be fix the road.

I understand that some home owners have formed an association to try to get the developer to correct the numerous faults/snags in their homes. I, like many others took a mortgage to purchase my home and feel deceived as this is not what I dreamed of when I decided to buy in good faith.

I feel that it is incumbent on both Terra Caribbean (the sales agent) and the many mortgage companies who have lent and are lending to potential clients to take action to force the developer to not only correct these faults but more importantly, to do a comprehensive investigation to find out the reason for the numerous cracks which may in fact affect future homes in the development.

1) Barbados Today May 13th 2021

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88 responses to “Update: Atlantic Breeze Development – a class action lawsuit waiting to happen”

  1. NorthernObserver Avatar
    NorthernObserver

    @TonyN
    As a fellow Canuck, sell the house, tek your lashes, and move on.
    If you read the “Court reports” in papers, you will see basic larceny cases can take 5-10 years before they are adjudicated. Class action is a foreign concept best kept there.
    Beyond product performance issues, you likely have poor design and workmanship. Especially if the same issues are widespread.
    Before it becomes common knowledge, get rid of your mistake.
    This is Buhdaydus. They have no codes, no Tarion, and the builders and politicians are tight. Sell the house, cut your losses.

  2. David Avatar
    David

    @NO

    A Barbadian is to surrender his or her ‘spine’? Should Tony N have to return to the cold from whence he came? Would that calm his restless heart; the urge to live out his days where his navel string is buried?

  3. Sargeant Avatar
    Sargeant

    @David
    NO provided advice that is typical in our northern clime to “cut your losses” rather than a quixotic attempt to go through the legal system.

    The Atlantic Breeze is not as salubrious as the purchasers expected and “Murphy’s Law” seems to be ever present but always remember the cardinal rule(s):

    Never put your faith in politicians and

    CAVEAT EMPTOR.

  4. David Avatar
    David

    It is true but many Barbadians in the diaspora want to live their last years on the Rock. What to do?

  5. NorthernObserver Avatar
    NorthernObserver

    @David
    The proper advice is the affected homeowners should hire an engineer to do an assessment of their structures.
    This will yield a qualified opinion on the nature of their problems and potential solutions.
    My unqualified comment was based on the reported pervasive nature of issues and past challenges with this builder.
    The buyers have not displayed minimal due diligence to date?

  6. TheOGazerts Avatar
    TheOGazerts

    Long talk not necessary…

    Everything is a scam, a con, a trick and a separation of people from their hard earned cash.

  7. Diaspora Alert Avatar
    Diaspora Alert

    The phrase is ‘cut your losses and run’. Don’t let good money chase bad money.

  8. David Avatar
    David

    @NO

    There you go.

  9. There are several different types of poisonous snakes Avatar
    There are several different types of poisonous snakes

    Don’t let the names fool ya …

    You are going nowhere, except to another set of bad characters. Their goal is to separate you from your money by what appears to be business deals or technical expertise but are scams in disguise.

    The next bit of bad advice you will get is to go to a lawyer. In fact, it appears you are ready to travel down that avenue.

    Here is my bit of advice. Put your two hands in your pockets, go back to wherever you were coming from and squeal like a stuck pig. It is less expensive and more fruitful than any other course of action.

    Whatever you do, tread cautiously.

  10. John A Avatar
    John A

    Is this not the same builder now using the same click flooring and identical building structure for another stage at Coverly, with a proposed price of $500,000 bds as a base price?( what exaclty does one get for the base price anyhow )?

  11. Hants Avatar
    Hants

    Did you all watch the video? An awesome presentation.

  12. BAJE Avatar
    BAJE

    A HOMEOWNER ANOTHER FEMALE ON A BU BLOG DURING THE PANDEMIC DESCRIBED THE SAME PROBLEMS HOMEOWNERS WERE HAVING WITH THEIR NEW PURCHASES IN COVERLEY.

    THE BUILDING CONTRACTOR IS THE SAME MARK MALONEY.

    WHO MIA MOTTLEY PROMISED TO LOCK UP WHEN DLP WAS IN POWER.

    NOW IN BED WITH THE SAME WHITE SHADOW AND CONMAN.

    MORE THAN 5 YEARS LATER A PROMISE IS INDEED A COMFORT TO BLACK PEOPLE (FOOLS) ON THE 2 X 3 ISLAND.

  13. Donna Avatar
    Donna

    Sell it to whom? That just creates another victim!

    WTH???????

  14. Donna Avatar
    Donna

    So…the solution being offered here is to fool another unsuspecting buyer?

    And how exactly does that make one better than Maloney?

    Heaven help us! Are we all Maloneys after all ???????

  15. John A Avatar
    John A

    @ Baje

    Thats how it works, havent you seen all the powful talk bout Savvy and taking action has also died a natural death? The Boss Lady said if the AG didnt act she would be dealing with it as a matter of urgenccy, now all is well on that front too it appears.

    You got to love this rock I tell you.

  16. BAJE Avatar
    BAJE

    You got to love this rock I tell you.

    Xxxxxxxxx

    YES ONLY IF YOU ARE A BACKWARD THINKER.

    SAD THAT WHITE SHADOWS BOTH FROM ABROAD AND ALSO DESCENDANTS OF FORMER SLAVE MASTERS CONTINUE TO GET RICHER AND RICHER ON THE 2 X 3 ISLAND WHILST BLACK LEADERS CONTINUE TO DECEIVE AND SELL THEIR OWN BLACK PEOPLE OUT INCLUDING TRICKING THEM TO GET VOTES WHILE THEY THEMSELVES IN COLLUSION ARE LAUGHING ALL THE WAY TO THE BANK EACH TIME THEY ARE ELECTED OR RE-ELECTED.

    IF MAJORITY BLACK PEOPLE ON THE 2 X 3 ROCK DON’T WAKE UP THEY DESERVE A TUSAMI TO TAKE THEM OUT OF THEIR MISERY.

  17. BAJE Avatar
    BAJE

    CORRECTION TSUNAMI

  18. David Avatar
    David

    No enforced building code, no efficient Transport Authority, sloth to proclaim integrity in Publicly Life laws, no perceived equatable dispensation of duties by regulators, on and on it goes.

  19. Bush Tea Avatar
    Bush Tea

    “No enforced building code, no efficient Transport Authority, sloth to proclaim integrity in Publicly Life laws, no perceived equatable dispensation of duties by regulators, on and on it goes.”
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    If life on Earth is indeed a special project being executed by supernatural beings – with clear and logical outcomes in mind, (an obvious assumption if we accept the required nature of the project executors)…

    Then Barbados may well be a special crucible designed with a very unique objective in mind, by the project designers.

    This suggestion is supported by the country’s geographic location, climate, isolation from major hazards (so far), and our unexplainable prosperity – in the face of gross mismanagement and dishonesty, and in light of the endemic brassbollic inclinations of Bajans.

    For a modern country to have;
    – NO standards for building infrastructure
    – No integrity legislation
    – No transparency in government or governance
    – No penalties for KNOWN criminals such as those associated with CLICO
    – No coherent policies on Education – despite increasingly poor results
    – No transparency in Policing – with our police policing themselves
    – No transparency in the legal system – our lawyers are internationally notorious for stealing client’s funds. YET NOTHING CHANGES
    – No limit on the number of highly paid ministers, consultants and advisors – yet having a national ‘one-man-show’ of micro-management… and yet.. NOTHING GETS DONE.

    This CANNOT be a coincidence…
    Perhaps it is designed to identify such outliers as Caswell, Grenville and others, who may NEED an environment of such brassbowlery in which to develop to their full potential…

    Of course this is all speculative …

    It presupposes that the Creator of every single thing that we know, MUST OF NECESSITY- be a pretty wise and smart entity in the first place… and that they work in ‘mysterious ways’ to achieve their designed objectives.

  20. Nameless Avatar
    Nameless

    FYI, Barbados has plenty codes.
    When you hear 50M is for you but you’re only going to get 25M, that is code right there.

  21. Nameless Avatar
    Nameless

    Anyone familiar with typical Preconco construction methods would know that cracks are almost inevitable.
    Most of those cracks are superficial and the buildings are still structurally sound.

    Don’t take my word for it. Pay an engineer his extra large fee to confirm, and set your mind at ease.

    Put the house back on the market and another contractor will buy it at steal prices.

    Your lost and their gain.

  22. Nameless Avatar
    Nameless

    *Your loss* 😞

  23. John Avatar
    John

    I am a Barbadian living in Canada who bought one of these homes in phase one as my intention is to relocate to Barbados when I retire later this year. I saw the video put out by the Prime Minister’s office and was glad to see that there were still houses in Barbados that fit my budget. As I was born in Oistins, the Chancery Lane location and price made sense to me.

    +++++++++++++++++++++++++++++

    What is the name of the company from which you purchased the lot?

    A body might want to nose around at CAIPO to see who its directors are.

    Do you know who its shareholders are?

  24. industry standard Avatar
    industry standard

    “Don’t take my word for it. Pay an engineer his extra large fee to confirm, and set your mind at ease.”

    GPII was touting Bajan builds and should confirm if the cracks are industry standard (free of charge)

  25. TheOGazerts Avatar
    TheOGazerts

    Hopefully, this one make it to the wall.
    “Anyone familiar with typical Preconco construction methods would know that cracks are almost inevitable.”

    It would have been better if you had given a time period to expect cracks. One does not walk into a ‘brand new’ house and accept or expect cracks. That is poor quality work and should be rejected.

    Part of the advice given is to consult an engineer. This is one of the series of traps to separate you from your money. I see that in you original post you are considering entering the legal trap. At the end of these exercises, you will just be poorer.

    Listen, I don’t have much advice for you. Watch carefully, spend carefully, be cautious with those you hire, and do not be afraid to cut your losses and run.

  26. Be Africa Avatar
    Be Africa

    “It presupposes that the Creator of every single thing that we know, MUST OF NECESSITY- be a pretty wise and smart entity in the first place… and that they work in ‘mysterious ways’ to achieve their designed objectives.”

    Africa is 70,628 times larger than Barbados.
    The Big Boss Engineer aka Creator aka My Father is calling his children home Back to Africa where houses are cheaper, there are zillions of acres of land and has one of the fastest growing economies (6 nations out of top 10)

    Sample Afro-beat

  27. David Avatar
    David

    Have we had similar feedback from homeowners at Coverley?

  28. Africa is 70,628 times larger than Barbados Avatar
    Africa is 70,628 times larger than Barbados

    Information can be perceived much more easily and readily when presented in the form of a 2-dimensional graph or pictorial representation

    or in other words a picture is worth a thousand words

    http://www.comparea.org/BRB+AF

  29. David Avatar
    David

    @Bush Tea

    It is fair to surmise that the cumulative effect of so many inefficiencies have created a ‘debt’ burden that is exponentially feeding cynicism, apathetic and a general slapdash approach to a structured way of life we once knew.

    Are we there yet?

    Will the real leaders please raise their hands?

  30. TheOGazerts Avatar
    TheOGazerts

    “Anyone familiar with typical Preconco construction methods would know that cracks are almost inevitable.”

    Last year, I went house hunting in Florida and came across a new home with hairline cracks in the floor. But what the writer described is more than hairline cracks in the floor:
    1. Cracks in nearly every house from roof to ground.
    2. Leaking roofs.
    3. Faulty plumbing.
    4. Faulty electrical.
    5. Floors tiles that peel after 3 months use.
    6. The Chancery Lane road leading to the development has been destroyed.

    It pains me that instead of saying “We are sorry. We are delivering a poor quality and inferior product and will try to remedy it” that some will come here and try to convince us that a shoddy third class effort is the standard.

    For the original poster, here is a quick and easy read
    https://goplatinumrealty.com/new-construction-house-settling-whats-normal-and-whats-not/
    Do not fall for the song and dance that will come.
    All – Have a great day

  31. John Avatar
    John

    What’s going on at CDB?

  32. Nameless Avatar
    Nameless

    If you don’t know, you don’t know.

    Preconco specializes in precast concrete construction.

    Where ate these cracks appearing?
    Joining two precast concrete slabs together seamlessly will always be difficult if not impossible.

    Then again, I am no engineer so I might just be blowing smoke.

    How exactly does one go about predicting when cracks will appear in a concrete building?

  33. Sargeant Avatar
    Sargeant

    When there is no building code how does a purchaser obtain redress for any deficiencies in a newly constructed building? Does he /she have to rely on the goodwill of the vendor, or do they turn to the courts for relief? Do they have to grin and bear it and chalk it up to experience?

    At another time I would advise them to complain to their local MP however when the local MP is front and centre in promoting the product that is a dead end. How about the Minister of Housing or the PM? All roads lead to Rome. How about complaining to the members of the Opposition? There is no viable Opposition, its enough to make grown men cry.

    In essence we can all agree or in my very rudimentary Latin “Inter omnes constat”

    Case closed.

  34. Nameless Avatar
    Nameless

    “We are sorry. We are delivering a poor quality and inferior product and will try to remedy it”

    Sir, if you have talk for MTW, please post it on the relevant Minister’s page. 🙏

  35. David Avatar
    David

    @Nameless

    Are you aware of legit homeowners complaints originating at Atlantic Development?

  36. Bush Tea Avatar
    Bush Tea

    Steupssss
    EVERY SINGLE ORGANIZATION should do this as a matter of ROUTINE.

    It is the ULTIMATE in good governance to randomly ask officials to stand down while an audit is conducted.

    To the extent that such actions are IN THEMSELVES seen as ‘guilt’.. tells us the mindset and the PREDISPOSITION of those of us who are making pre-judgements.

    ESPECIALLY high ranking officials ..should be required to move their donkeys WITHOUT WARNING, and have a professional audit conducted.
    If you are doing your job dutifully then there is only CONFIRMATION of your honesty and commitment to be announced at a the end of the process…

    Lotta shiite …where so many of them CANNOT go on holiday….
    OR can only go if HAND PICKED replacements are put to ‘cover their burros’.
    OR where the office is locked TIGHTLY in their absence,
    OR where the ‘office’ goes with them on leave.

    What CDB has done is therefore REFRESHING…

    Bushie hopes that all the officers are eventually confirmed as true professionals, and that the CDB, having SET THE EXAMPLE, then FORCES our government to implement such ‘cheques and balances’ .. where their funds are allocated….

  37. Nameless Avatar
    Nameless

    Who says there’s no building code?
    Just because we don’t have a glossy piece of paper titled “Building Code” that does not mean we don’t have standards.
    They are professional engineers in Barbados operating under international standards.
    In the absence of this missing “Building Code”, I have seen engineers routinely order contractors to demolish work not up to expected standards.

  38. BAJE Avatar
    BAJE

    Anyone familiar with typical Preconco construction methods would know that cracks are almost inevitable.
    Most of those cracks are superficial and the buildings are still structurally sound.

    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    I GUESS THE LEAKS IN THE ROOF IF YOU WANT TO PUT A POSITIVE SPIN ON IT FOR MARK MALONEY BOTH AT COVERLEY AND THIS SECOND NEW DEVELOPMENT IT IS NOT WATER COMING IN WHEN IT RAINS INSTEAD THAT IT IS SHOWERS OF BLESSINGS FOR EACH NEW HOUSE OWNER.

  39. Bush Tea Avatar
    Bush Tea

    Well said Sargeant..
    It is a TOTAL and complete embarrassment, and is due to lack of basic codes and legal standards.
    This is the kind of situation one would expect in a jungle setting with NO educational or legal structures in place.

    Redress is then exacted by vigilantes who keep defectors in line….

    OH WAIT!! … perhaps this explains a lot – with respect to some otherwise unexplained criminal activities…

    But when the VERY TOP is afraid of surprised audits, it HAS to be challenging for them to impose such things as
    -Integrity rules
    -Minimum codes and standards
    -Clear legal penalties for doing shiite
    -Transparency rules

    Like a fish, the rot starts at the head…and this is where redress must start.

  40. David Avatar
    David

    We do not have a building code that is supported in law. Please point to where we do if you do not agree.

  41. Critical Analyzer Avatar
    Critical Analyzer

    Unfortunately Tony N got himself a whole heap of problems there.

    His best course of action before throwing money into the lawyer blackhole is to get independent damage and repair costs estimate reports from at least 2 of each type of professional i.e. 2 structural engineers, 2 plumbers and 2 electricians.

    They will cost him a pretty penny but with those reports in hand, the actions he needs to take will become crystal clear.

  42. David Avatar
    David

    There is a duty of care to be expected from the supplier AND a more than legal obligation for government to intervene as protector of the citizenry.

  43. Nameless Avatar
    Nameless

    Big man, where did you see me say anything about leaks?🙄
    I have only spoken about the cracks.

    And @ David https://barbadosunderground.net/2024/01/20/atlantic-breeze-development-a-class-action-lawsuit-waiting-to-happen/#comment-2129071

    Where have I questioned the legitimacy of the complaint.

    All I am saying here is the method of construction used will result in problems, and prospective buyers should be aware of that.

    This is not the typical bricks and mortar construction,, with 3 masons and two labourers taking next to forever to complete.

  44. Dame Bajans Avatar
    Dame Bajans

    Is Maloney and engineer? Is he trained in construction services? Who does he hire to do the work, are they professionals or odd job people? What is the quality of the materials used to construct these expensive homes, by Bajan standards?

    Is there such a thing as pre-occupancy inspection with a qualified building inspector like a civil engineer? Is there a clause in the purchase contract for remedial action and/or cancellation with deposit refunded for serious faults?
    Who certifies and regulates these so-called builders? Anyone can hang in shingle in Barbados, it seems.

    I bought my home 42 years ago this past October. Apart from some nail pops and a few hairline cracks due to settling which is expected in climates with freezing and thawing, nothing serious has happened. One of the reasons i have not moved is that the newer houses are going up too fast and this house is sound.

  45. David Avatar
    David

    @nameless

    Any method of constructive should pass minimum constructive standards. We have a long way to go in this country.

  46. David Avatar
    David

    @Dames Bajans

    Watch the video in the blog , the engineer commented.

  47. Nameless Avatar
    Nameless

    David, I duz doan unstan you sometimes yuh noh
    I just literally said,
    Just because we don’t have a glossy piece of paper titled “Building Code” that does not mean we don’t have standards.
    They are professional engineers in Barbados operating under international standards.

    Now you still want me to show something that I’ve already admitted doesn’t exist.

    How was the Central Bank, the Towers in Warrens or any other significant building in Barbados,
    built without this elusive building code?

    Building standards is how, and we’ve had those for donkey years.

  48. David Avatar
    David

    How can you have standards if they cannot be insisted upon and left up to the whim and fancy of a contractor? As important citizens must have confidence a legal infrastructure exist.

  49. Critical Analyzer Avatar
    Critical Analyzer

    @David
    Government has no business intervening in a private contract unless it is to ensure the court system provides speedy judicial review if it does go before the law courts.

    We bajans like to push matters we should be handling ourselves on the shoulders of government who we all know will take forever if they ever do something.

    To avoid an early grave he needs to deal with it himself, get the full damage repair costs report from independent experts, present it to the original builders and seek for them to cover the costs and find a lawyer if the two of them can’t reach an satisfactory settlement.

  50. Hants Avatar
    Hants

    I empathize with Tony N.

    The Government of Barbados has been inviting Bajans in the Diaspora to invest and retire in Barbados.

    It is unfortunate what has happened to Tony N and we should thank him for making this issue public.

The blogmaster invites you to join the discussion.

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