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...

Someone earlier on has already mention to look up the link to the thread about house owners facing problems with their renovation contractor. Then, I have taken the effort to post the link itself for you. Save you the trouble. Still don't want to read

And someone also mentioned "These horror stories are splattered all over this forum."

Basically people already saying that you will not have the advantage thinking that you can just deduct from contractor.

Even like this you still don't understand, then don't know what to say....

On the legality.
The talking on the legality about deducting the penalty for delay, then you better to check with your lawyer.

This post has been edited by buzzle25: Sep 12 2011, 01:52 PM

Actually my designer did offer free reno to compensate my loses..redo my kitchen cabinet which near rm10k. But i prefer to deduct my bil instead of free reno.thats why seeking opinion here.
After reading u guys comments..think its better accept his offer.
Now theres 3 dfferent company carpenters woking on my site. Now i can feel the speed of the progress.
thanks for all goos or bad opinions anyway..

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Added on September 12, 2011, 2:05 pmDid i argue that i din agree on others post? Im agreed that without agreement is disanvantage
after reading post.. but u just put the word in my mouth say im still dont understand and shoot me.

This post has been edited by genkis3: Sep 12 2011, 02:13 PM

If can settle peacefully better shake hand with existing kontraktor. If think he's not reliable bettter cut everything off & contractor agree to withdraw too, then get new guy in. I pissed off my CONtractor & he left me with a wobbly leaking wc ..

Very true. No point "fighting" with the contractor. At the end, the house owner will be the loser.
You may say that as the client, you are always right, but the reality is that you will end up on the losing end.

alrite.. i'll shake hand and accept his offer.
at end of time, will post up the photo of the free gift i got..see how much it worth actually..

Do share your experience and the outcome. It will help others.
Lets hope all ends well for you.

Not very agree with what u say. Base on ur comment i 100% sure u r not in this field.

This post has been edited by jackielee: Sep 16 2011, 02:16 AM

forgot to update pics as pormised. it's done at beginning of dec'11.
actually im not satisfied with the outcome, im expect more than this.. it can't make me feel 'wow'...

kitchen cabinet,solid surface top,sink is free by designer. and also garden auto sprinkler system. promised will redo my bedroom's wall for free as im not very happy with it.

how much does it cost?


extra few pics:

The living design is quite nice.

wonderful...

It is very nice despite the obstacles that you encountered earlier. I hope my house will turn out to be at least 10% of yours.

pleasant looking!
r those downlights 4"?

I just curious....may i know how much the total reno?

Thx. the only part that is quite nice was design by me.. lol


it's just plain and simple design, ur hse can easily turn out better looking than mine.


Yes, most downlights is 4" , only master bedroom using 12w led. all spotlights is 3w led. Wanna go green...but too expensive if all using led.

Reno around rm220k included demolition & mason works , garden & interior design. Furniture around 100k.

is already WOW!

wow! nice interior design u got there..

at first, i find ur kitchen qiute nice. but after seeing the other parts of ur house, i can see why u were dissapointed. the kitchen is a bit underwhelming in comparison to the other spaces..

furniture 100k havent include electrical appliances and lights, right?

ok wat i think kitchen is simple & nice.
slightly different style & color tone from d other parts of the house, not so boring


aside to TS, may i know wat material is da TV wall panel/board (i mean the grey wall)? izit laminated board or juz wallpaper?
i like it coz it looks like cement!

This post has been edited by Lara~: Apr 11 2012, 10:20 AM

Your new house is very nice.

Can i know what is the name for the grill u are using? It look very simple and nice.

Tq

nice design! btw, those r 3d rendered image or the actual thing?

included electrical appliances. only not include wiring & lights. around 35k.

im curious abt how much the kitchen worth actually...
it's laminated board.

u mean hob? it's electrolux.


it's actual pics captured by me.

This post has been edited by genkis3: Apr 18 2012, 01:16 AM