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 The Zest @ Kinrara 9 v2, Owners share your views,public r welcome

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Cannot Tahan
post Sep 20 2009, 07:03 PM

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QUOTE(KeNNy @ Sep 20 2009, 11:56 AM)
Can the contractor/developer be taken to court for this?
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If i may step up and offer some legal opinions (dun worry, i am all rounded one, time has left a lot of tresures on me...)

The Defect liability Period had lapsed.

The owners CANNOT sue on breach of ctt.

The correct action to be taken is under TORT.

Owners has to sue the dev within 6 years from the problem being discovered.

NOW, a consequential problem for ZEST:-

1. If the owners win the suit and the dev ordered by the High Court to compensate, where u think the money from?

-------------------------------------------

The sub sale price for Heron & Zest hinges on how fast this video spread and how good people's memory is

This post has been edited by Cannot Tahan: Sep 20 2009, 07:16 PM
Cannot Tahan
post Sep 21 2009, 02:58 PM

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QUOTE(Alan Soo @ Sep 21 2009, 12:50 AM)
popping floor doesnt mean the contractor use the lousy material, it is becos when the time contractor apply cement grout to floor tile there is some air inside the cement grout, after lay the floor tile, the air seal inside the floor. when the air heat up and expand, the floor tile will pop out. this kind of issue actually quite common to contractor,  but no one hope it happen. but important things is the developer need to repair for house owner. hopefully that victim slove the problem already.


Added on September 21, 2009, 1:02 am

if the owner win the suit, TT redo the floor tile, it will only cost TT few thousand only, to them is a peanut.
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My dear friend,

Your knowledge on structure sounds sufficient but not abundant.
On the other hand, your legal knowledge (on the consequental damages) is seriously lacking of fundamental.

Please read the above in a friendly mode.


Added on September 21, 2009, 3:03 pm
QUOTE(KeNNy @ Sep 21 2009, 01:59 AM)
Hi Cannot tahan, thanks for the pointers. What if this goes under structural? If I remembered correctly, civil engineers are expected to design structures that lasts a lifetime.
Does TT has future projects as well? As long as they have other future interests at stake, they won't dare to screw up (too badly).
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Just a general view (to avoid defamation suit)

The principle defendant will be the Dev, whereas the contributer like Arc and Eng may be held as Co-Defendant.

Depending on the Court's finding, a wrongdoer/tortfeasor may be liable to 1. General Damage; 2. Specific Damage; 3.Punitive Damage; 4. Consequential damage.... as far as it is not remote.

hmm.gif

This post has been edited by Cannot Tahan: Sep 21 2009, 03:03 PM
Cannot Tahan
post Sep 21 2009, 07:42 PM

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QUOTE(Alan Soo @ Sep 21 2009, 04:22 PM)
i just point out one of the common reason of popping floor, hope u wont toh i was trying to cover the developer.
at my previous working place, and one of my fren's house. their floor tile also pop out, but due to the buidling already more than 10 years, that's y my fren and my ex- boss didnt complaint to management.  my ex company is a class A contractor listed in KLSE, i ask my enginner collegue the reason of poping floor tiles b4. thats y i share my experience.

i better keep silent regarding the legal suit, cos i really lack of ledge knowledge, hope u wont mind the opinion i give b4.
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Alamak my dear friend,

I already ask u to read me in friendly tone. I only read into substance and your real ID it is not the issue at all!

The popping is really "popping" popping, which is highly unusual, couple with the deep rift in the slab, and compare with YSMN, i said yours is sufficient but not abundant... Sufficient means Good, Abundant means perfect...

see u again

Who is YSMN? AND what he wrote? http://www.realestate.net.my/forum/viewtop...r=asc&start=575

ysmn
Joined: 19 Sep 2006
Posts: 1937
Location: Terris
PostPosted: Sun Sep 20, 2009 11:28 pm Post subject: Reply with quote

Without looking at the architectural & structural plan i'm just guessing that while it's structurally sound including piling, the architectural finishes are not adhering due to excessive structural deflection.
This is quite common when structural engineers rely solely on computer models, and architects do not appreciate structures.
For non engineers and non architects, at a risk of oversimplifying, it's likely that the structure and foundation are sound.
Usually any structure will have a certain degree of flexibility/deflection which is necessary in order that it does not snap.
However architectural finishes need a certain level of structural stiffness, otherwise the finishes will buckle under too much bending of the structure resulting in lifting of the floor finishes. Of course how much rigidity required depends on type of finishes system selected.
For example, if the slab and joints are more flexibile, then the finishes need to be less rigid.
You would appreciate this better if you paid attention, understood and remember your form 5 add maths and physics.
I'm not saying this is what happened at Heron, but it is probable if the engineer relied on computer modelling without much human skill & judgement nor appreciation of architectural finishes, and/or the architect didn't have a good understanding of how structures affect the selection of finishes; and the developer/contractor had not employed really good guys or did not allow them to do their jobs.
It makes a good case study for academic research but is no fun for owners and end users.
Most likely cause is too much structural deflection for the system of finishes selected.
To simplify, a timber finish on timber would be ok with higher structural deflection, but not a more rigid floor finish on a cement:sand screed base.
So a structure may be sufficient for the type of foundation and loads, but yet may not be rigid enough for the type of finishes selected.
This is also the next big headache for another project in KL that has been delayed for quite sometime which I mentioned earlier.
As Cannot Tahan very correctly wrote, one could seek damages in Tort, but the process could be more complicated than plaintifs might be willing to pursue.
Very interesting academic case study for the observer and researcher (architectural, engineering & law) but no fun for those directly affected.
I cannot say the same will happen with Zest, but the Developer should have learnt from experience by now.
_________________

This post has been edited by Cannot Tahan: Sep 21 2009, 07:52 PM
Cannot Tahan
post Sep 22 2009, 12:51 PM

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QUOTE(Alan Soo @ Sep 22 2009, 08:18 AM)
i learn a lot of thing of this article, thanks for your post.  may i know how the developer handle your case after malaysia kini report it?  hopefully they can retify the things for you.

if there are structural damage, will u going to sue them? the heron resident need to move out not? hepefully u can give them lecture. i was always in friendly mode.
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My dear friend, i am not the affected one.

If it happens to me, be a structural or superficial, i will defintely sue them.

Cannot Tahan
post Sep 23 2009, 12:09 PM

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QUOTE(propcritic @ Sep 23 2009, 11:33 AM)
HaHa, those attacking the Zest, while not being bona fide, can only be 3 groups of people:

1) Those SA selling other high rise developments within Puchong vicinity, who are finding it extremely hard to sell due to the presence of the overwhelming success of the Zest;

2) Those buyers of the other Puchong high rise developments, who are insecure and not confident with their purchases and hence, trying to play down the success of the Zest at any given opportunity, hoping to console themselves and feel better; and

3) Those sore losers or sour grapes who missed the boat on the Zest, being the only high rise development within Puchong vicinity, which is 100% sold during the recent financial crisis, without any special financing package like the rests (5:95 or 1:99 etc) and even without a show unit.

While constructive comments are welcome, those attacking the Zest while being very personal are obviously from one of the three above... icon_idea.gif
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Not only 3, i think there are 4th and 5th...
Cannot Tahan
post Oct 30 2009, 08:22 PM

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Sorry sorry, just wanted to be "keboh"

As the thousands of DBKL flat remain, RM450psf, may be too enthusiastic leh...

However, even a mere RM350psf is still quite handsome already.
Cannot Tahan
post Oct 31 2009, 08:30 AM

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ok..ok.. May your dream come true.
Cannot Tahan
post Nov 14 2009, 04:18 PM

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QUOTE(probiotix @ Nov 13 2009, 08:17 PM)
I believe I have stated earlier that LRT is convenient so certain profile of tenants would want to stay in condos near to an lrt. This is especially more so for tenants who work in the KLCC vicinity which is perpetually jammed and Seri Maya is just a few stops away.  Puchong is a little to far away, don’t u think?
I think your understanding of Hillpark is a little vague. There are various phases there that do not have the same pricing.
The RM220k that u mentioned is high density phase while the lower density ones are priced between RM350k to even RM450k.
I don’t have much understading in hillpark myself. Kindly do a quick check on the various websites on property pricing. Please don’t generalize hillpark as ‘less than RM220k’.
btw, those RM220k high density ones were selling about RM160k in 2007. I have a nifty program that my valuer fren gave me to check transacted prices.

Regarding PP, whats ur explanation for the sudden surge of RM100k in the past 2 years?
If its not Bangsar south and general improvement of infrastructure in the surrounding area, what then?
Whats the percentage of students in the klang valley who actually pay close to RM2k for a studio unit? 50% ? come on...

To Zesters:
So sorry for getting out of topic from this thread.... pai n myself shall continue in other related threads for MK, Ampang, Bangsar, Pantai etc which pai's interest is directed at////
my apologies ..... notworthy.gif
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Seri Maya (tan & Tan) got KLCC, Zest got IOI mall.
KLCC >>>>>>>>>IOI Mall
Cannot Tahan
post Nov 14 2009, 04:46 PM

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QUOTE(airline @ Nov 14 2009, 04:34 PM)
Setia Walk have what then? Haha. Tumpang then a bit
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ehhhhhhh....let me think....
Got what ar??
Tesco? everywhere got...IOI Mall? a bit ....

Ah, SW got SW

And maybe got PFCC as well

This post has been edited by Cannot Tahan: Nov 14 2009, 04:48 PM
Cannot Tahan
post Nov 14 2009, 06:28 PM

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QUOTE(eugene jk @ Nov 14 2009, 05:02 PM)
if SW got SW, Zest also can tumpang SW mah... and also PFCC.. just 2 to 3 stations away.. hehehe  hmm.gif
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Setuju mu boleh tumpang dari suatu lokasi ke lokasi yg lain secara fizikal, tetapi there is something intangible that cannot be tumpanged...

Sebagai contoh, bukan kesemua lokasi berdekatan DPC mengalami kenaikan harga harta walaupun dekat gila, lagi dekat daripada 2 hingga 3 perhentian...hahaha

So jika keadaan mengizinkan, baik berdikari dan jgn terpulang kepada kesan kesan tumpang menumpang.
Cannot Tahan
post Nov 15 2009, 10:28 PM

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QUOTE(eugene jk @ Nov 14 2009, 09:06 PM)
Abang "Tak Boleh Tahan".. selepas lu sudah pusing satu round.. lu punya pendapat macam bercanggah-canggah.. brows.gif

Soalan Mustahak.. pada pendapat lu, Zest boleh tumpang SW tak?  wink.gif


Added on November 15, 2009, 3:09 pmAnyone got photo can share share ah?  notworthy.gif  notworthy.gif  notworthy.gif
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Bismilahiirrahmanir Rahim...

Tak boleh. Mu tak ade duit Teksi ke?

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