Hi,

What should we do if developer is taking too long to complete the defects? It was reported end Dec 2019, til today, still not completed. They even asked to do a joint inspection to close the defects, but now cancelled cos they said cannot make it in time. 2 months plus and still not ready

Look back at your SPA and check if you are allowed to claim LAD (Liquidated Ascertained Damages). Best to put a letter in writing to the developer on their failure to complete the job according to their SLA.

LAD clause also applies for defect rectification after VP?

It really depends on the wording of your SPA. Taking VP does not mean the end of the developers responsibility and liability. You can give them ample time to fix at their cost or you pay to fix it and claim back the costs.

Based on standard SPA (Schedule H), it normally have a clause either Clause 29 or 30 stated that once u issued defect, u give developer 30 days period. However in the event developer fail to do so, u have the option to do it your own by:

1) Obtain a quotation to repair
2) write to developer to activate the clause by giving another 30 days plus ur intention to do your own with the quotation.

If developer still failed to rectify for another 30 days, then u have the right to proceed with your own.

Also, you need to write a letter to stakeholder lawyer to withholding your money until the defect is closed.

Once you rectified with your own, you need to claim that money from your stakeholder lawyer.