Hi guys,
My house start reno at january.. designer promised to be done by april. Buy he keep pospone and pospone until now..!
End up i told him i i will charge him penalty 200 per day start from august.. he agree but we never signed any agreement regarding this. So im afraid end up he will not let me to deduct penalty charges from balance when make final full payment. (Paid 70% alrdy)
Actually i also didn't signed the quotation he quote me when we start reno.. everything deal by mouth. So if really he refused to pay penalty, can i say that i never agree on the price he quote and not giving him full amount?

yes you can. there are a lot of unforeseen events resulting in unfavourable circumstances in renovations even with careful pre-planning and that is just why a contract is a must to induce equilibrium (at least legally).

of cos you can.
you can even sue.
you can do whatever you want actually, no one to stop you.

but whether he will pay the penalty or
the sue is successful or not is another matter.

It is something very dangerous (for the house owner) to agree on every thing by mouth. Even in writing, the owners can also end up the loser. It is not like the older days, where the words are treated as gold. Nowadays, no more already.

There is already tell tale signs already when you mention that the contractor keep delaying the completion. From April to Sept is already close to half a year.
Think about this. Will the contractor continue to work if he does not get his payment? Who is to lose? The contractor will just pack and leave when you refuse his claim. He has nothing to lose.
It's time you start taking all the necessary precautions before it is too late.

In legal point of view... You can't impose any deduction if there is no agreement made since beginning....

If you wanted to sue or penalty him, you need make sure the few main point :-

a) Did you make changes upon work commenced ?
b) Did you buy any material yourself? If yes, did you purchased and delivered as per schedule or on-time?
c) Did your Designer provide you any confirmation on the time frame?

just replace him except you already pay him a lot...

tat is because dont simply trust those no profile designer. or dealing with those freelance designer jz to wan cheap price or fresh grad come out find partner contractor den want to become taukeh. Deal with those branded or experience with good profile at least less headache. U have no choice. stop or continuous and he keep provide u rubbish quality work.

work done how many %, then are the designer staffs still commencing the works or not?

+1.

i can just deduct the penalty from the balance i owe him.

i know he will finish my work.


in legal point of view, i didn't sign on quotation.. that means im also never agree of what he quote me.
let say total of quotation is rm150k, already paid rm100k balance rm50k.. if total penalty is rm10k, can i just pay him rm40k balance after deduct penalty by myself?
if he want to follow the law, can i say i never agree on quotation since i didn't sign?

a) no
b) yes, on time.
c) the confirmation is by mouth..no agreement.

he is not those no profile designer.. he actually doing alot shoplots and boutique hotel by now which have time frame... i guess that's why he ignore my work.


paid 70% , done 75%. yes, staffs still commencing works.

always prepare black n white...

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Added on September 10, 2011, 4:25 ambetter pay 95% then another 5% for retention haha

This post has been edited by daush12: Sep 10 2011, 04:25 AM

TS, under common law you still can get him to compensate you. But you need to proof and quantify what loses have you suffer as a result of the delay.

From the reading of TS's reply, it seems that he is naive, thinking that he will have the upper hand over the designer/ contractor. Never read those other house owner's predicament with the contractors.
Wish him good luck.

Verbal contract is a valid contract. No need to be written.

During our gandfather's time, OK la...
Now? very risky...

The point is are you confident to handle the situation if the situation deteriorate.
eg.
1.He delay some more, dunno when maybe 2 years then he lose interest. They your 200/month penalty will be irrelevant.
2.Can you get another contractor to continue and complete the work with the same balance cost?
3. Both of you get mean and start @#$%^&*() with each other, can handle the consequences?

These horror stories are splattered all over this forum.

Good Luck..

hm... the only loses i can think of is housing loan interest ..

constructive comments pls

the worse scanario is 2 more month delay. coz only left 50% furniture to be done..
just talk to him, he already arrange few more carpenters to hurry up the process ..


i just wanna know is that illegal if i deduct the penalty by myself in this case...

This post has been edited by genkis3: Sep 11 2011, 11:19 PM

This guy still don't get the point that most of guys above have been trying tell him. Wasting you time la...
Don't take the effort to read the replies posted.

No written agreement, how do you expect to deduct for for delay penalty? Think you can just deduct without the other party's (designer) agreement? When time comes, there is bound to be lots of dispute. End of day who suffer? Mostly it will be the house owners.
There are so many horror experience of house owners with their contractors. If you just take the effort to read them.
If you are still lazy, then at least read this....

http://forum.lowyat.net/topic/1377224

The contractors will claim for their work done as it progresses. Do you think they will allow deductions from the progress claims? Fat hope. If they cannot make profit from the work done, you think they will still carry on working at your house? They are here to make money. Common sense prevail..

Don't be surprise that later TS will later put up his grievances in the
"A Big "NO NO" to this contractor, Bad contractor not to be appointed!!! (Renovations)"
or start his own thread - House Owner con by Designer

or maybe he will suffer in silence....

Guys, no point is wasting your time on someone that is arrogant...

Did i denied and argue with others ppl reply on my theat? I accept every comments actually. But just not those reply with hidden meaning.
I don have time to search around,its my bad.
When im facing probs..im oni think of seeking for lowyat members opinion in fast way. Sorry again...i really don have such time to search and read all post. But doesnt mean u can insult me.

a lot of people like to insult other people as an entertainment...

TS can ignore them..

Just take note of those helpful solutions...