ignore

Hi all

In this dilemma and dont know how to solve  just sharing for experience and advice....

Background
My house underwent major renovation & completed last year. Throughout the renovation there were problems (such as leaking on common wall) which contractor rectified throughout until the fateful day when he ran away.

By then the major problem (leaking) had been fixed, so once I finished the job (engage different worker) I engaged the same worker to do the painting, plastering and other cosmetics required by them. I asked the worker to check with them upon completion to make sure it was satisfactory. After 2 days, the job was done and he left.

Not long after I received a note from them asking me when I was going to complete the remaining repair works. I replied saying I thought the worker confirmed with you before he left, you should double confirm whatever needed to be done as per our understanding. Some of the items mentioned were not part of the original "cosmetics" list.

Fast forward around 5-6 months later, I receive a letter of demand from their lawyer, claiming RMx amount of damages, including nuisance, and negligence, as if I purposely did all this problem to them. By this time, it is already almost 9-10 months after completion.

FYI: my neighbour is legal background holding senior position in legal dept in a commercial firm.

Claims
This is the list of items claimed:

1) metal grinding dust kena their car, causing stain, rust. It must be more than a year by now.
Previously: said he don't mind polishing the car himself.
Now: he will only "try" to polish, if cannot, he will still claim from me. I don't think he did any polish at all because he said he wanted to "keep the evidence". I never seen those rust or dirt personally.

2) crack on the cement outside their porch gate (outside the boundary of the house).
The crack already there previously. He claims the line became "bigger" and the damage "worse". Visually, I can't tell the difference before and after. He want me to hack off the entire front, put metal mesh, and redo cementing.
Note: during reno, I offered to pave for them as I was redoing my area but due to the above demand end up couldn't fulfill.

3) tiles in the porch "stained". i tried but i couldn't notice any "staining" other than the natural aging and dirt accumulation. even my brand new tiles have become so black and dirty in just over 1 year. this property has been around for decades.

4) parquet flooring near the common wall area need to be re-varnish and "regrinded". this item alone want almost 3k. I have not personally seen it yet. but I feel 3k maybe can even redo the entire room flooring.

5) their gutter leaking and dripping water (causing annoying sound) - new claim. without admitting to any guilt, I got my own roofing person to check, and the quote is only 2/3rd of the price.

I had a discussion with him to try and settle this thing. The total amount claim for the actual physical damages is less than RM10k. We manage to almost reach an agreement (despite all the un-sureness whether it is my fault or not), but then.... he told me I have to be liable for the next 7 years if any damages happen (even after paying this now). How can I agree to jaga his house for 7 years. I am not his father.

Note: the 7-year law he mention is called "latent defect".

Conclusion
When I started reno, was well aware of the inconvenience that may caused to surrounding neighbours. I had given my contact, my contractor's contact, and visited the site almost every day and weekends sure there. I always entertain their request (both side neighbour) and put their complaints first, even if it means my house work stop that day.

My neighbourhood also think I'm a scumbag because some of them actually ask me why I damage people's property and refuse to repair. But they don't hear my side of the story.

Now I don't know what to do....