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Leeds
28-09-11, 11:00
Contractor wins 2-year suit against condo
by Andre Yeo
04:46 AM Sep 28, 2011

SINGAPORE - After being locked in a legal battle for two years, a contractor has won its suit against Mandarin Gardens condominium for withholding payment of nearly S$650,000 for repainting and repair works it had done for the condominium.

While Mandarin Gardens had accused the contractor - SKK - of not doing a good job and breaching its contract, and had claimed that SKK had conspired to cheat the condominium, Justice Lai Siu Chiu dismissed their counterclaim as "frivolous".

In her judgment issued on Monday, she ruled that SKK was entitled to their payment with interest.

In 2007, the condominium's 21st council had decided to carry out works on the 30-year-old estate, after many residents had complained of spalling concrete falling from balconies and air-conditioning ledges.

SKK was appointed after its tender of almost S$2.7 million was accepted. CC Building Surveyors (CCBS) was appointed project manager.

Central to the dispute was a letter SKK wrote to the condominium's council on Dec 31, 2007, detailing the work it would do if it won the tender.

While some residents were happy with the works that had been completed in May 2008, things went awry after June 8 when the 22nd council was elected.

Some members of the new council were unhappy with the repainting works and claimed they did not have a copy of the Dec 31 letter.

They then came up with a flow chart for the works which caused substantial delays.

From being ahead of schedule in July 2008, SKK was 16 weeks behind by Dec 19, 2008, as poor weather slowed them down.

The council then accused SKK of breaches of contract, while SKK wrote to them several times over non-payment for work done.

On Dec 31, 2008, CCBS' services were terminated and replaced by Building Appraisal. Its managing director, Mr Chin Cheong, would be a key witness for the condominium in the trial.

SKK, which was represented by Ms Sunita Sonya Parhar of S S Parhar and Company, then sued the condominium.

The condominium's council, represented by Mr Tan Liam Beng of Drew and Napier, argued that SKK had conspired with CCBS to cheat the condominium.

The 10-day trial early this year saw 15 witnesses take the stand.

In her judgment, Justice Lai said the alleged conspiracy between SKK, Mr Crispin Casimir of CCBS, condominium manager Catherine Ng and members of the previous council was "nothing more than a figment of the imagination of members of the new council, especially its witnesses".

She added their conduct "left much to be desired" and they did not act in the interests of the subsidiary proprietors.

Justice Lai also had harsh words for Mr Chin whom she said had lied while on the witness stand.

She found he had accepted whatever the condominium's council told him, without checking the facts.

She also criticised the council for poor record-keeping, noting that the fact that the council could not find a copy of the Dec 31 letter and other correspondence did not mean that SKK did not send them.

Justice Lai said what was "damning" was an email sent to the previous council's chairman by the council's honorary secretary Jeanette Chong-Aruldoss on July 15, 2008, asking if they were aware of the Dec 31 letter.

This email suggested some members of the council may have known about the letter.

Laguna
29-09-11, 08:25
This property is in D15.

Second part of the story is, the new MC changed the type of paint used, instead of the recommended one.
So now, the estate paint work are showing lots of bubble and peeling...(this is what I was told, hv yet to kapo to cc)...

so, what is the liability of the MC now?

DC33_2008
29-09-11, 08:40
Peeling could be either due to poor workmanship (no undercoat?) or the quality of the final coat of paint. May be went for the cheapest quote, ie. cheapest paint and lowest labour cost. Pay peanuts get monkey.
This property is in D15.

Second part of the story is, the new MC changed the type of paint used, instead of the recommended one.
So now, the estate paint work are showing lots of bubble and peeling...(this is what I was told, hv yet to kapo to cc)...

so, what is the liability of the MC now?

mantrix
29-09-11, 08:47
the suit was brought by the new indian management council? Not surprising

Laguna
29-09-11, 08:55
the suit was brought by the new indian management council? Not surprising

good, perhaps, we have another juicy story to follow as to whether this new Indian chief will take action against the last MC...

Poor MC members, at times, they spend so much time without pay and suffer all sorts of problems

DC33_2008
29-09-11, 09:00
Hope there is no one in the MC is related to the paint contractor.
good, perhaps, we have another juicy story to follow as to whether this new Indian chief will take action against the last MC...

Poor MC members, at times, they spend so much time without pay and suffer all sorts of problems

Worsty
29-09-11, 10:04
good, perhaps, we have another juicy story to follow as to whether this new Indian chief will take action against the last MC...

Poor MC members, at times, they spend so much time without pay and suffer all sorts of problems

I think MC members, ideal ones, should preferably be retired or semi-retired (with his own business running at auto pilot sort of) and happy to take on the roles as a means to pass time and to be sociable to others in the development.

A big no no to those that are power hungry. Even if there is nothing to do, they will try to change here, meddle here and there, stirring s*** just to prove a point.

DC33_2008
29-09-11, 10:10
It is not where they are retiree or not. It is about attitude and character.
I think MC members, ideal ones, should preferably be retired or semi-retired (with his own business running at auto pilot sort of) and happy to take on the roles as a means to pass time and to be sociable to others in the development.

A big no no to those that are power hungry. Even if there is nothing to do, they will try to change here, meddle here and there, stirring s*** just to prove a point.

mantrix
29-09-11, 10:33
It is not where they are retiree or not. It is about attitude and character.

Indians (usually those from India) tend to be a lot more confrontational and vocal hence they usually get into the MC to effect changes of their liking...different culture from the face-conscious chinese

Anyway my friend in a east coast condo already complained that indian festivals are warranting more attention than other festivals...so who the MC is composed of is really important

DC33_2008
29-09-11, 10:39
That's is very sad. MC should be impartial and serve the residents and not favouring any group. :doh: May be voted round in the next AGM unless there is a large group with loud voice.
Indians (usually those from India) tend to be a lot more confrontational and vocal hence they usually get into the MC to effect changes of their liking...different culture from the face-conscious chinese

Anyway my friend in a east coast condo already complained that indian festivals are warranting more attention than other festivals...so who the MC is composed of is really important

mantrix
29-09-11, 11:21
That's is very sad. MC should be impartial and serve the residents and not favouring any group. :doh: May be voted round in the next AGM unless there is a large group with loud voice.

you must remember they favor the east so they get plenty of support...
In fact they number 20-30% in population in of a lot of east coast condos...when AGM comes maybe 20% of the rest will turn up, but their group will turn up 100% :D

they are very united hor...

DC33_2008
29-09-11, 13:04
Hve only curry dishes for the AGM. :doh:
you must remember they favor the east so they get plenty of support...
In fact they number 20-30% in population in of a lot of east coast condos...when AGM comes maybe 20% of the rest will turn up, but their group will turn up 100% :D

they are very united hor...

Worsty
29-09-11, 13:58
It is not where they are retiree or not. It is about attitude and character.

I meant retiree or semi retiree to indicate being able to devote a substantial amount of time. Of course, attitude and character is important as you mentioned.

mogyi
29-09-11, 14:54
Duno what's up with these council , service rendered then try to find fault to LD and not pay up. You choose the cheapest tendered price, of course expect the worst service , no such thing as pay for toyota and get a lamborghini... Damn cheapo, if so painful to pay for these maintainance then move to HDB. I've seen too many of such nonsense.

zzz1
29-09-11, 15:30
Peeling could be either due to poor workmanship (no undercoat?) or the quality of the final coat of paint. May be went for the cheapest quote, ie. cheapest paint and lowest labour cost. Pay peanuts get monkey.


Peeling could could be due to incompatibility to existing paint, aprt frm quality and workmanship.

Both the applicator and paint supplier must provide a performance guarantee and comparability . can not simply just change diff paint manufacturer and u ended up with this masss...

zzz1
29-09-11, 15:42
I meant retiree or semi retiree to indicate being able to devote a substantial amount of time. Of course, attitude and character is important as you mentioned.


IMO, when i attended the AGM and some time heard verbal abuses by the residents on them (council member)...i thought why still got ppl want to do these shit job foc and yet kana scolding ...

:confused:

mogyi
30-09-11, 07:21
IMO, when i attended the AGM and some time heard verbal abuses by the residents on them (council member)...i thought why still got ppl want to do these shit job foc and yet kana scolding ...

:confused:

Dun be naive, every council member have their
Own agenda to join council. Some propose to convert
This to that or that to this , actually it's for
Their personal interest, some join to push for unblock etc

mantrix
30-09-11, 07:32
So far all those I know in council have joined for their own vested interests (their own leaking problems, need more flowers in front of their backyard, etc)

Those truly impartial and self-sacrificing left in the end, sick and tired of the polictics as well as disgusted with the selfishness of the rest of the council. Even condo manager needs to suck up to the chariman (cos MC controls his bonus) so the very first chairman of the MC is very important - either set the right or wrong expectations...

hyenergix
30-09-11, 07:34
Council members roles r like MPs. They shd b paid $15k/mth so tt they cannot b corrupted n able to hire assistants to help to serve e condo community :p .

mantrix
30-09-11, 07:44
Over time, they start to believe that respect is given, not earned, simply by virtue of them being in the council, and they will start to behave like they are the elite (just like our MPs)

:D