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 developer not repairing - how?, defect list

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TSdaryl.k
post Apr 16 2009, 04:10 PM, updated 17y ago

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hi,

i wanna ask if anyone experienced the same issue i'm having now...

i just received the keys to my new apartment unit in Mar 09. and during inspection, i found some defects, some which are quite serious like a crack on the window & a big hole on the wall of a room - others like paint works not even, cracked paint works, cracked tiles and few others not so serious ones...

the thing is, when i submit the defect list to the developer, they promised to rectify the problems within 30days and will call me for inspection once completed. yesterday was the deadline and bcos i've not received their calls, i went up to check yesterday...no suprise, nothing was rectified.

some frens tell me that once passed the due date, i can actually get my own contractor to rectify the works and claim from the developer later...is that true?

but, by doing that, its a big risk i'm taking cos we're (me & the developer) are in the middle of LAD claim discussion (which is passed on to the tribunal for action as they refused to pay full amount)...so even if i get my own contractor to rectify the problem, i have strong feeling it'll be really difficult to get the developer to pay up.

btw, this is a bit nottie...all the repair works is actually unnecessary, as i plan to replace all of them eventually anyways nod.gif so, if they dun wanna repair for me, can i get some one to give me a 'fake' invoice to claim from the developer for the repair works? will they carry out inspection to verify that repair works was carried out as claim?

anyone with experience pls help...really dissapointed with this developer...
toekong
post Apr 16 2009, 04:19 PM

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First where are you from and which developer?
And i think it's better if u work it out with the developer. Cause defect work is their responsibility anyway.
And also if you hire your own contractor, and if there is another defect work following this one, they will claim that those defect work is caused by your own contractor and this will give them excuse to screw you around one more time.
So in my opinion, you should b****, b**** and b**** to them until they comply.
but since you wanted to replace those things, just let it go

This post has been edited by toekong: Apr 16 2009, 04:20 PM
TSdaryl.k
post Apr 16 2009, 05:37 PM

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QUOTE(toekong @ Apr 16 2009, 04:19 PM)
First where are you from and which developer?
And i think it's better if u work it out with the developer. Cause defect work is their responsibility anyway.
And also if you hire your own contractor, and if there is another defect work following this one, they will claim that those defect work is caused by your own contractor and this will give them excuse to screw you around one more time.
So in my opinion, you should b****, b**** and b**** to them until they comply.
but since you wanted to replace those things, just let it go
*
well, i'm from PJ, but dun wanna mention which developer, cos many bad things already been said about the property...i scared the more i said, the more the value will drop...in case i wanna sell out later hope u will understand...

the thing is, i really not happy with the developer cos they sell the property very expensive but the quality really like shit...then its late in delivery..then when ask for LAD they 1st offer 70%, and their revised offer 60%...felt really insulted...so i really very pissed off with them...its a well known developer & its a prime area, but the way they built & manage the property, treat it like some low-cost properties...

that's why, even tho i planned to replace all those defect things & won't make any difference to me whether they repair or not, i still want them to repair...
??!!
post Apr 16 2009, 06:55 PM

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Write to developer and make them acknowledge receipt of all your correspondences.
Refer to your earlier notice of defects to be be rectified.
Put on record that none of the defects have been attended to.
Give them notice to rectify the defects within 14 days failing which you will be forced to rectify them and will forward bill accordingly to them.
If they still fail to rectify after expiry of said notice, give them final notice of 7 days to do so . At this juncture forward quote from your contractors to rectify the defects.

CC all letters to stakeholder who's holding stake holder sum

Good luck.
johnshir1
post Apr 17 2009, 04:55 AM

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the answer is found in your s&p on how to deal with repair of defects. there will be clauses on when should u inform the developer, what dateline the developer has after being informed, what's yr avenue if developer delays and what else could u do if all fails.
toekong
post Apr 17 2009, 04:54 PM

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Yah.. S&P spells out the obligations of the developer..
If they chooses to truly honor it is another matter.. They can delay it and make up any reasons to delay it.
So take a good look at the s&p, better with the help of a lawyer and take full advantage of it
TSdaryl.k
post Apr 28 2009, 05:07 PM

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hehe..developer managed to repair all the defects...a couple of days late but its ok...i'm happy with it...

now going to break everything down HAHAHAHAHA!!!!

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