View Full Version : What can I do if developer's defect rectification works drag on and on?
So many weeks have passed, and developer has definitely breached SPA. Before appointing a lawyer, is there anything else I can do to get the works done ASAP? Many Thanks in advance for your advices.
So many weeks have passed, and developer has definitely breached SPA. Before appointing a lawyer, is there anything else I can do to get the works done ASAP? Many Thanks in advance for your advices.
Can share which developer?
So many weeks have passed, and developer has definitely breached SPA. Before appointing a lawyer, is there anything else I can do to get the works done ASAP? Many Thanks in advance for your advices.
Get the same lawyer (company) that you appointed for your purchase. If you didnt, get one now. It will cost but better than all this dragging and it wasting your intangible and tangible resources.
Hold on to the last 15% payment, don't pay! Send Developer letter that if by certain date they can't fix, you will engage your own contractor and deduct this costs from the last 15% payments. :simmering:
So many weeks have passed, and developer has definitely breached SPA. Before appointing a lawyer, is there anything else I can do to get the works done ASAP? Many Thanks in advance for your advices.
Hold on to the last 15% payment, don't pay! Send Developer letter that if by certain date they can't fix, you will engage your own contractor and deduct this costs from the last 15% payments. :simmering:
Developer S&P has very clear procedure for defect rectifications, including the option for what u have suggested. Unilateral witholding of payment will result in a very straight-forward legal case, at great detriment to the buyer.
Had similar problem as u n this is what I did:-
1) get a lawyer
2) take photos of defects
3) keep a copy of defect list with the defects logged/ issued date.
3a) keep copies of all correspondences between u n developer for all defects matter.
4) once all the given timelines for defects in S&P are breached ( confirmed with yr lawyer), get yr contractor to assess the cost to fix the defects, ask yr lawyer to write to developer's lawyer for compensation based on the cost quoted.
5) get yr contractor to fix the defects
Well, I managed to get the developer to pay my own contractor for fixing the defects.
Nothing is impossible as long as u follow S&P. Likewise, as a buyer if one breaches the s&P, developer will take legal action too. It works both ways.
rymccondo77
04-04-13, 12:25
Had similar problem as u n this is what I did:-
1) get a lawyer
2) take photos of defects
3) keep a copy of defect list with the defects logged/ issued date.
3a) keep copies of all correspondences between u n developer for all defects matter.
4) once all the given timelines for defects in S&P are breached ( confirmed with yr lawyer), get yr contractor to assess the cost to fix the defects, ask yr lawyer to write to developer's lawyer for compensation based on the cost quoted.
5) get yr contractor to fix the defects
Well, I managed to get the developer to pay my own contractor for fixing the defects.
Nothing is impossible as long as u follow S&P. Likewise, as a buyer if one breaches the s&P, developer will take legal action too. It works both ways.
Thanks for the useful tips :) - now what to do if I faced similar problems!
Many Thanks to all for your valuable comments and suggestions. I will review my SPA and see exactly what I can do. I remember that the SPA states I am entitled to get my own contractors to do the rectification works and deduct the costs from the last 15% payment provided that I inform the developer in writing before the works start.
I have bought only one unit and still have so much to do. Imagine if I buy and manage 10 or 15 properties like many of you, I will have no time for anything else.
Can share which developer?
HH.
I hope I am not defaming it. To be fair, the building materials are good enough. It's their contractor's work that's very lousy. Their contact person always friendly said will do this and will do that next week, but never kept his promise. So fed up. Is this a common practice for all contractors?
Get the same lawyer (company) that you appointed for your purchase. If you didnt, get one now. It will cost but better than all this dragging and it wasting your intangible and tangible resources.
Thanks. If I get a lawyer, I will get the same law firm for the purchase. I think the developer should not only pay my contractor but also my lawyer because all these remedial works have been caused by their default.
Hold on to the last 15% payment, don't pay! Send Developer letter that if by certain date they can't fix, you will engage your own contractor and deduct this costs from the last 15% payments. :simmering:
Thanks. I think these are exactly the provisions of the SPA. I did not start the legal procedures as I hoped the developer would eventually do their job. Now I am so disappointed. Don't they know the legal consequences?
Developer S&P has very clear procedure for defect rectifications, including the option for what u have suggested. Unilateral witholding of payment will result in a very straight-forward legal case, at great detriment to the buyer.
Thanks. I also think the best way is to avoid a legal case.
Had similar problem as u n this is what I did:-
1) get a lawyer
2) take photos of defects
3) keep a copy of defect list with the defects logged/ issued date.
3a) keep copies of all correspondences between u n developer for all defects matter.
4) once all the given timelines for defects in S&P are breached ( confirmed with yr lawyer), get yr contractor to assess the cost to fix the defects, ask yr lawyer to write to developer's lawyer for compensation based on the cost quoted.
5) get yr contractor to fix the defects
Well, I managed to get the developer to pay my own contractor for fixing the defects.
Nothing is impossible as long as u follow S&P. Likewise, as a buyer if one breaches the s&P, developer will take legal action too. It works both ways.
Thanks.
I already have 1), 2) and 3).
As for 3a), so far all communications are conducted orally except for the list of defects.
4) and 5) will take a lot of time and energy and bring a lot of unhappiness. That's why I have tried to avoid it. But if I am unlucky, I will have no choice but to go through the whole procedure.
You are still lucky. You have gotten everything done, and the developer paid the costs. Did they pay your legal fees?
Thanks for the useful tips :) - now what to do if I faced similar problems!
Good luck to you !
rymccondo77
04-04-13, 14:36
Good luck to you !
Thanks :)
All the best for your case - hope everything works out well for you.
HH.
I hope I am not defaming it. To be fair, the building materials are good enough. It's their contractor's work that's very lousy. Their contact person always friendly said will do this and will do that next week, but never kept his promise. So fed up. Is this a common practice for all contractors?
If I face similar problem, I will spend more time going back to the contractor and ensure they do it ASAP. I will find them in the morning, afternoon and evening. One day go find them at least 3 times, I believe the contractor also don't want to see you so many times per day esp there to nag at them, they will want to fix it for you ASAP. :cheers4:
You need to have time in order to do this.
I went through 3 condos already ... I guess you need to be more insistent, bang table, or know how to PR with the MA ... especially when she's a young girl :)
anyway ... you need to know how to exert your rights.
It can be done ... no point going the legal route ... waste of time ...
Thanks, Lemonlaw and ichigo55.
I guess my husband and I are too soft. Although we go to the site very often but still not enough. The person in charge is an amiable old man with a smiling face. He is always calm and never says no. How do I bang table in this case? I guess he has experienced so much as to be able to behave this way – 修养到家了.
Thanks :)
All the best for your case - hope everything works out well for you.
Thank you very much.
There is a chance we are neighbours.
rymccondo77
04-04-13, 16:24
Thank you very much.
There is a chance we are neighbours.
Hi Mary -
Mine is a different property which will only TOP sometime in 2014.
The advice provided here is useful in case there are defects - and hopefully the defects, if any, are minor!
Cheers!
P.S. Thanks for starting this thread !! :)
Thanks, Lemonlaw and ichigo55.
I guess my husband and I are too soft. Although we go to the site very often but still not enough. The person in charge is an amiable old man with a smiling face. He is always calm and never says no. How do I bang table in this case? I guess he has experienced so much as to be able to behave this way – 修养到家了.
You do not need to bang table, just need to keep going and nag, nag and nag will do.
Just smile and talk nicely to them. Just keep appearing and ask how??? how come not done yet? Just pester them till they do up the job for u, no worries, tested and proved.
You do not need to bang table, just need to keep going and nag, nag and nag will do.
Just smile and talk nicely to them. Just keep appearing and ask how??? how come not done yet? Just pester them till they do up the job for u, no worries, tested and proved.
OK. Will do so from this Saturday.
Thanks Brother.
Hi Mary -
Mine is a different property which will only TOP sometime in 2014.
The advice provided here is useful in case there are defects - and hopefully the defects, if any, are minor!
Cheers!
P.S. Thanks for starting this thread !! :)
Oh, misunderstood. It's good you are not as unlucky as me. Cheers.
All the best for your 2014 TOP !
rymccondo77
04-04-13, 16:36
Oh, misunderstood. It's good you are not as unlucky as me. Cheers.
All the best for your 2014 TOP !
Thanks :) :) :)
If you get a lawyer to write to developer, you will be charged for the service right? Why need to pay anything when it is developer's / contractor's fault? Don't need lawyer. Just write to the developer to demand job done as though you are lawyer. Check the SAP and demand for your right... :p
Thanks. If I get a lawyer, I will get the same law firm for the purchase. I think the developer should not only pay my contractor but also my lawyer because all these remedial works have been caused by their default.
If you get a lawyer to write to developer, you will be charged for the service right? Why need to pay anything when it is developer's / contractor's fault? Don't need lawyer. Just write to the developer to demand job done as though you are lawyer. Check the SAP and demand for your right... :p
Bro, FOC lah.... But initial part, fill up defect list and submit... If by certain time no respond, resubmit... If still cannot, just show lawyer the documents and get lawyer to give them ultimatum.
Thanks, teddybear and chestnut.
I think I can write the letter, but somehow I've got the feeling that they are scared of lawyers but not me. I just heard that one neighbour of mine had the same problem as mine. His defect rectification works were delayed by 4 months, and after that his lawyer sent a letter to the developer and it is done now. I will wait until next week.
Thanks, teddybear and chestnut.
I think I can write the letter, but somehow I've got the feeling that they are scared of lawyers but not me. I just heard that one neighbour of mine had the same problem as mine. His defect rectification works were delayed by 4 months, and after that his lawyer sent a letter to the developer and it is done now. I will wait until next week.
There should be a form to fill up the defects.... Dont be overly concern.... Within the 1 year period, the developer is supposed to do up the defects... In other words, during you stay within 1 year from TOP, if there are some more defects, you can ask them to rectify.... So on the 12th month, please do 1 more check (i believe you are staying in) and submit the final rectification to the MA. The lawyer is in the position to write in to give them deadline to fix if you so require.... and it is foc... Same lawyer you used when u bot.... If they dont fix within a certain date, you are to give the quotation for the rectification from your contractor and give them deadline if not, works will be carried out and the monies will be deducted from the last dont know how many % owing to them... All this the lawyer will advise you....
I know, I kanna before... Most of the time, it is the small time developer that does this kind of thing... Mine was from a small developer..
:cheers5::cheers5::cheers5::cheers5::cheers5:
Hi chestnut,
Thanks a lot for your time and effort to give the details to help me. Now I have a clearer idea of the whole process.
The reason why I am concerned is that the delay in rectification has caused a delay to my renovation works and in turn my move-in. My initial plan was to start renovation after the completion of all rectification works so that the developer and the designer wouldn't have any chance to say certain defects were caused by the other party or things like that.
Is it a usual practice to do both at the same time?
You may want to consider in your future property that be the first few to collect your keys and tell them that you are going to rent it out. Hence, you need them to make good the defects asap. As for your current situation, suggest that talk to them one last time and tell them you will be getting a lawyer if they do nothing. Things get can be rather ugly with lawyer in the picture and they may not do a proper job for you later..
Thanks, teddybear and chestnut.
I think I can write the letter, but somehow I've got the feeling that they are scared of lawyers but not me. I just heard that one neighbour of mine had the same problem as mine. His defect rectification works were delayed by 4 months, and after that his lawyer sent a letter to the developer and it is done now. I will wait until next week.
Do not do any renovation work until the defects have been rectified. Otherwise developer will say the damage caused by your renovation contractor. Just curious. How large is your development? Is your developer a reputable one?
Hi chestnut,
Thanks a lot for your time and effort to give the details to help me. Now I have a clearer idea of the whole process.
The reason why I am concerned is that the delay in rectification has caused a delay to my renovation works and in turn my move-in. My initial plan was to start renovation after the completion of all rectification works so that the developer and the designer wouldn't have any chance to say certain defects were caused by the other party or things like that.
Is it a usual practice to do both at the same time?
Thanks DC33. There is so much for me to learn.
Developer is not doing nothing. 1st week they will say do it next week, 2nd week they say already submitted to the management for approval because it costs extra money to replace the thing and management will give approval very soon, 3rd week they say congratulations approval is given will do it next week, 4th week they say the stove we ordered for you has just arrived but we need some pipe (something like that, I don't remember) to install the stove maybe next week….
Something for everybody to have a good laugh in return for your kind help hahahaaa….
Mine is a small developer and small development.
You have to monitor to see if they have cashflow issue.
Thanks DC33. There is so much for me to learn.
Developer is not doing nothing. 1st week they will say do it next week, 2nd week they say already submitted to the management for approval because it costs extra money to replace the thing and management will give approval very soon, 3rd week they say congratulations approval is given will do it next week, 4th week they say the stove we ordered for you has just arrived but we need some pipe (something like that, I don't remember) to install the stove maybe next week….
Something for everybody to have a good laugh in return for your kind help hahahaaa….
Mine is a small developer and small development.
Thanks DC33. There is so much for me to learn.
Developer is not doing nothing. 1st week they will say do it next week, 2nd week they say already submitted to the management for approval because it costs extra money to replace the thing and management will give approval very soon, 3rd week they say congratulations approval is given will do it next week, 4th week they say the stove we ordered for you has just arrived but we need some pipe (something like that, I don't remember) to install the stove maybe next week….
Something for everybody to have a good laugh in return for your kind help hahahaaa….
Mine is a small developer and small development.
Mary, it happens with small development.... I know, I was there.... No problem lah... you still hoping a certain % till CSC....
Can you wait?? if cannot, then give them a deadline to finish, failing which you will do your own replacement.... You can use the lawyer for this case if you want it done.... When they see lawyer letter, they know you mean biz and will get it done...
After that experience, I bot all my units from reputable firms...
May i know what will be the common defects be like?
I have seen people even claim against developer on loss of rental income (as investor) and incur rental cost (renting a place as the unit is not habitable). They should be helping you to pay for even property tax as you cannot even stay in.
iwantgizmos
05-04-13, 16:19
May i know what will be the common defects be like?
Something like this.
I have seen people even claim against developer on loss of rental income (as investor) and incur rental cost (renting a place as the unit is not habitable). They should be helping you to pay for even property tax as you cannot even stay in.
Yes, IRAS said no need to pay tax for the period when the unit is under construction (including defect rectification but excluding renovation). Developer will issue a letter to IRAS for me so I can get a refund of taxes paid (the rule is to pay first and then refund, so funny).
I've been paying maintenance fees for nothing and suffering losses of rental yield (I can rent out my current HDB flat if I move into new home earlier).
Mary, it happens with small development.... I know, I was there.... No problem lah... you still hoping a certain % till CSC....
Can you wait?? if cannot, then give them a deadline to finish, failing which you will do your own replacement.... You can use the lawyer for this case if you want it done.... When they see lawyer letter, they know you mean biz and will get it done...
After that experience, I bot all my units from reputable firms...
Thanks chestnut.
Me too. Not this developer next time.
Went there on the weekend. Looks like developer has finally realized the problem. They have sent another young man to help with the project, and looks like he is doing his job, though slowly. The stove is done, and they have instructed their subcontractors to do some other defects - relationship so complicated.
Mary, you're too nice and too patient. I've been there with a small development with small time developer circa 2004/5. Dragging and dragging. Week after week. Promises never kept. I suggest, where possible, you proceed to withhold the final % payment. Or else you will lose your final bargaining chip and vomit blood later. They are just buying time to the CSC date to obtain their final % payment.
Its the luck of the draw, but from that experience I had learnt so much. I'll never be nice about these or any developer ever again. :banghead:
Thanks chestnut.
Me too. Not this developer next time.
Went there on the weekend. Looks like developer has finally realized the problem. They have sent another young man to help with the project, and looks like he is doing his job, though slowly. The stove is done, and they have instructed their subcontractors to do some other defects - relationship so complicated.
Thanks chestnut.
Me too. Not this developer next time.
Went there on the weekend. Looks like developer has finally realized the problem. They have sent another young man to help with the project, and looks like he is doing his job, though slowly. The stove is done, and they have instructed their subcontractors to do some other defects - relationship so complicated.
How long did they take for rectification???? If long, you can get your lawyer to ask for compensation. There will be work involved by you and it really depends whether you want to pursue this route.... Your lawyer will be able to advise you if you want to get more "money". Consult your lawyer on what you can claim from the developer.
Cheers and relax.
:cheers3::cheers3::cheers3::cheers3::cheers3::cheers3:
How long did they take for rectification???? If long, you can get your lawyer to ask for compensation. There will be work involved by you and it really depends whether you want to pursue this route.... Your lawyer will be able to advise you if you want to get more "money". Consult your lawyer on what you can claim from the developer.
Cheers and relax.
:cheers3::cheers3::cheers3::cheers3::cheers3::cheers3:
Hi chestnut,
Many thanks for more suggestions.
I am not very sure if it is worth the time, effort and legal costs to recover the losses. Some more, I do not want to spoil my happy mood to move into a new home, but will wait and see if it is extremely necessary.
You are a very sweet chestnut. Have a nice day.
Mary, you're too nice and too patient. I've been there with a small development with small time developer circa 2004/5. Dragging and dragging. Week after week. Promises never kept. I suggest, where possible, you proceed to withhold the final % payment. Or else you will lose your final bargaining chip and vomit blood later. They are just buying time to the CSC date to obtain their final % payment.
Its the luck of the draw, but from that experience I had learnt so much. I'll never be nice about these or any developer ever again. :banghead:
Hi tigger,
Arigato for sharing.
I have no choice mah. At the moment, I only want to get things done ASAP. Actually, my husband and I already got a bit harsh the day before, but the new-comer young man continued to smile at us and said all the nice things will get everything done soonest possible he is ok to be scolded because that is his job and he is used to it…. but actually it is not his fault leh, give him a chance lor.
Yes, we are holding on the last 15% payment. CSC will probably be a couple of years later, they say.
If I had only joined this forum and known you guys earlier, I wouldn't have to suffer all these, sigh.
Just so you know, CSC is not a couple of years from now. It can be so fast that it occurs during the 1 year TOP defects rectification period. quite normal for developers to rush this to get full payment.
Hi tigger,
Arigato for sharing.
I have no choice mah. At the moment, I only want to get things done ASAP. Actually, my husband and I already got a bit harsh the day before, but the new-comer young man continued to smile at us and said all the nice things will get everything done soonest possible he is ok to be scolded because that is his job and he is used to it…. but actually it is not his fault leh, give him a chance lor.
Yes, we are holding on the last 15% payment. CSC will probably be a couple of years later, they say.
If I had only joined this forum and known you guys earlier, I wouldn't have to suffer all these, sigh.
Just so you know, CSC is not a couple of years from now. It can be so fast that it occurs during the 1 year TOP defects rectification period. quite normal for developers to rush this to get full payment.
I see. Thank you very much for the information. Will keep in mind.
Northeast91
10-04-13, 17:52
The developer has the right to drag the defect rectification all the way till the stated TOP date on paper and we can't do anything? :confused:
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