Question 1

Section 20 Delay

Accepted Answer

Q: Our managing agent served us with the first section 20 in April 2018, and it hasn’t gone anywhere since then. Is it still active two years later, or should we expect the process to have to start from the beginning again if and when they move it forward? FPRA Director Bob Slee replies: Normally the Section 20 procedure would be triggered when a potentially expensive piece of work has been identified and at that stage the Notice of Intention would be issued. If that is the situation you have and nothing further has happened for two years, the agent should be asked if the work is no longer considered necessary and if not, why not. If it is still necessary, what is the reason for the delay and when is it likely to proceed to the next stage. The time critical part of the Section 20 procedure is between the stage where estimates have been received and commencement of the work. Had estimates been obtained two years ago it is highly unlikely that contractors would be prepared to honour them now and that element of the procedure might have to be re-run. [Submitted March 2020]

Question 2

Section 20 Delay

Accepted Answer

Q: Our managing agent served us with the first section 20 in April 2018, and it hasn’t gone anywhere since then. Is it still active two years later, or should we expect the process to have to start from the beginning again if and when they move it forward? FPRA Director Bob Slee replies: Normally the Section 20 procedure would be triggered when a potentially expensive piece of work has been identified and at that stage the Notice of Intention would be issued. If that is the situation you have and nothing further has happened for two years, the agent should be asked if the work is no longer considered necessary and if not, why not. If it is still necessary, what is the reason for the delay and when is it likely to proceed to the next stage. The time critical part of the Section 20 procedure is between the stage where estimates have been received and commencement of the work. Had estimates been obtained two years ago it is highly unlikely that contractors would be prepared to honour them now and that element of the procedure might have to be re-run. [Submitted March 2020]

Section 20 Delay

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