Doesn't the contract have force majure clauses that protect the company from kena-ing the late payment charges?
Construction companies going to tutup due to MCO
Construction companies going to tutup due to MCO
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Apr 8 2020, 01:48 PM
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#101
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1,190 posts Joined: May 2018 From: Kuala Lumpur, Malaysia |
Doesn't the contract have force majure clauses that protect the company from kena-ing the late payment charges?
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Apr 8 2020, 01:48 PM
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9,533 posts Joined: Jun 2013 |
QUOTE(shadow_walker @ Apr 8 2020, 01:36 PM) sohai la u rightfully explained, but the loss and expenses rates ? macam BQ? in the contract got many allowances also for unforeseen things that is not out of the control of main con/sub con got "extension of time" clause. the SO wanna give under "force majeure" also can or under "government order etc" then maincon can claim "loss & expenses" due to the delay many more la sohai. the only company who dead are stupid company..topkek the issue before and after MCO is payment wise.. not updated.. 3-4 months and under certifications/non certifications yes there are remedies for you to with regards to under certi/non-certi, issue stop work order letters, complain.. but remaining projects how? normally starting times, fora projects main con/sub con relocation equipment, workers office, labour already big costs in.. as such they will continue work, those under-certi/non -certi wil keep quiet, Main con/paymaster normally give enough to survive/run the projects.. supplies side the use nominated sub-cons... and Main con pon kena bayor, give face to paymaster.. am quite sure sure a da consultant/paymaster coupled with current defect, no follow design and MCO raise issues... can potong sub-cons and back charge... these are normal? sub con documents not complete then gg di |
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Apr 8 2020, 01:50 PM
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Do not bother sue lah, even if you succeed in trials, and get the court to rule in your favor, what are you going to do with one paper judgment?
Can you really enforce it against a bankrupted 2 dollar company? |
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Apr 8 2020, 01:52 PM
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#104
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QUOTE(@Adele @ Apr 8 2020, 01:45 PM) Where got affected? My friend do QS everyday also busy job secured. Always ppl say construction slow mana ada. Just 2 mths ago 1 of the construction company had company dinner and open 1k/bottle whiskey unlimited drink and gave away gold bars at dinner. china project or songlap??mimpi,,, |
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Apr 8 2020, 01:53 PM
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9,533 posts Joined: Jun 2013 |
QUOTE(@Adele @ Apr 8 2020, 01:45 PM) Where got affected? My friend do QS everyday also busy job secured. Always ppl say construction slow mana ada. Just 2 mths ago 1 of the construction company had company dinner and open 1k/bottle whiskey unlimited drink and gave away gold bars at dinner. oi... alahai.. u tak tau meh those annual dinner and bagai kat Mandrin oriental, Sp convention centers, KLCC and etc macam mana?Construction company linked to developers/main paymaster will call main cons/sub-cons, then 'invite them" to go dinner... "Hi ABC constructions, your good company is invited to attend our annual dinner, Dato/Dato Sri/Tan Sri had reserve slots for you... each ticket RM5K, We reserve 1 table/2 slots for your" ok? that is how annual dinner/majlis is held.. those gold bar, whiskies are sponsored ma... anyone from constructions industry can confirm? last i heard was RM10K one seat.. depending on location which they host la .. normally KL rates are like that and on that day all subcon/main cons come with blazer, coats, watches, spectacles tu, hair like aaron kwok/hong kong star... and seating priority whether close to organizer/boss depends on relationship and contributions they listent to Dato/Dato Sri/Tan Sri speech about history of the company and etc... This post has been edited by bearbearwong: Apr 8 2020, 02:05 PM |
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Apr 8 2020, 01:54 PM
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QUOTE(Eurobeater @ Apr 8 2020, 01:48 PM) Doesn't the contract have force majure clauses that protect the company from kena-ing the late payment charges? Yes, for those who bought units from developer, the Sale & Purchase agreement adopts standardized schedules as governed by our Housing Development Act. There is already existing clause saying in the event of unforeseeable circumstances, the completion date shall be extended accordingly. So there wont be any LAD as far as the S&P is concerned. |
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Apr 8 2020, 01:56 PM
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All non essential will be suffer now
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Apr 8 2020, 01:57 PM
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QUOTE(KSMMA @ Apr 8 2020, 01:47 PM) like I said b4, extending the mco is morally good, but businesses will die off and eventually govt will run out of money giving freebies. My next tikam move guess was that they will allow worker to return to work with of course must have ppe in work place. All entertainment outlet & eating place, religious place, supermarket and anywhere that could easily get ppl cluster in on place still need to be close also ppl need to be at home at 8pm.ppl will result in crimes (already started), and means to get what they need to survive. employers will lay off staffs because that is the most efficient way to do it , either lay off or company go bust. they need an action plan to accelerate in containing the spread. It has already been how many weeks and are all the tabligh participants tested? No?? by now already out of control as dunno how many clusters already formed. incoming recession, brace your tits This post has been edited by doppatroll: Apr 8 2020, 01:59 PM |
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Apr 8 2020, 01:58 PM
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QUOTE(Liamness @ Apr 8 2020, 12:35 PM) Make no mistake, alot of the construction companies including sub-cons, are going to suffer & even be wiped out due to the MCO. this is for sure .MANY companies will close SHOP. and many will lose their job.All construction work can't jalan due to MCO, afterwards, alot will die due to late delivery charges. No company in the world can survive the late delivery charges in construction projects. It's built that way, so those companies that cause delay of the project will have to tutup kedai.. The government better have a plan for those construction firms affected by this bloody MCO, otherwise alot will go bust and tutup kedai, forcing thousands of thousands of workers to go unemployed. The ones that untung from this mess are the lawyers (sue here, sue there). and the developers & new home owners that sign SPA. They will untung because can claim late delivery charge. better to help yourself by preparing for a recession. as long as there is no cure ... the economy will go down .. .and people will NOT spend big money . |
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Apr 8 2020, 01:58 PM
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QUOTE(benzxzx @ Apr 8 2020, 01:50 PM) Do not bother sue lah, even if you succeed in trials, and get the court to rule in your favor, what are you going to do with one paper judgment? now cant PAM semuanya arbitration/adjudication, masuk Court tendang...Can you really enforce it against a bankrupted 2 dollar company? then registration kacau.. mostly subsidiary no money can close down.. but but can serve order to paymaster/main con/developers direct freeze account/monies related to pay off.. but must be fast... future make Direct sub con and PAM with directors personal guarantee macam tu ok.. but need Persatuan Arkitek punya consent and movement la... |
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Apr 8 2020, 01:59 PM
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QUOTE(benzxzx @ Apr 8 2020, 01:54 PM) Yes, for those who bought units from developer, the Sale & Purchase agreement adopts standardized schedules as governed by our Housing Development Act. nth to stop them to go liquidation, purchasers constantly paying interest sampai new company take over...There is already existing clause saying in the event of unforeseeable circumstances, the completion date shall be extended accordingly. So there wont be any LAD as far as the S&P is concerned. and next questions is does moratorium applies to these uncompleted or nearly completed? yes? |
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Apr 8 2020, 02:01 PM
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Apr 8 2020, 02:01 PM
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QUOTE(Momo33 @ Apr 8 2020, 01:58 PM) this is for sure .MANY companies will close SHOP. and many will lose their job. Malaysian "spending monies" depending a lot on banks whether they open tap or not... they no borrow, no chanci... buy property cash? can not many.. income tax find u man..better to help yourself by preparing for a recession. as long as there is no cure ... the economy will go down .. .and people will NOT spend big money . This post has been edited by bearbearwong: Apr 8 2020, 02:03 PM |
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Apr 8 2020, 02:02 PM
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QUOTE(pgsiemkia @ Apr 8 2020, 02:01 PM) FM is applicable when it is impossible to carry out and etc? insurance clauses ask them go back tidur.. so many rules not allowing you to claim rather than to allow you to claim..For example, Covid-19 deaths, you think will be covered under 36 diseased related deaths? confirm nope.. and will ask additional coverage one... |
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Apr 8 2020, 02:05 PM
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#115
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QUOTE(@Adele @ Apr 8 2020, 01:45 PM) Where got affected? My friend do QS everyday also busy job secured. Always ppl say construction slow mana ada. Just 2 mths ago 1 of the construction company had company dinner and open 1k/bottle whiskey unlimited drink and gave away gold bars at dinner. Lol who are you trying to bluff? "Your friend" must be in dreamland. |
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Apr 8 2020, 02:06 PM
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1,594 posts Joined: Nov 2008 |
Only the worker die, not the company
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Apr 8 2020, 02:06 PM
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QUOTE(bearbearwong @ Apr 8 2020, 01:59 PM) nth to stop them to go liquidation, purchasers constantly paying interest sampai new company take over... If they go into liquidation, then the purchaser can just terminate the agreement, why wait for liquidator to take over if its going to take ages?and next questions is does moratorium applies to these uncompleted or nearly completed? yes? I guess it applies to all housing loan financing, but for those under construction project, you are servicing the loan on the progressive interest only, not the principal loan.. |
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Apr 8 2020, 02:07 PM
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#118
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QUOTE(Liamness @ Apr 8 2020, 11:35 AM) Make no mistake, alot of the construction companies including sub-cons, are going to suffer & even be wiped out due to the MCO. Yay.. Untung juga saya.. Dont be silly.. Lawyers are also effected by the MCO.. New cases doesn't mean more revenue.. 😂 All construction work can't jalan due to MCO, afterwards, alot will die due to late delivery charges. No company in the world can survive the late delivery charges in construction projects. It's built that way, so those companies that cause delay of the project will have to tutup kedai.. The government better have a plan for those construction firms affected by this bloody MCO, otherwise alot will go bust and tutup kedai, forcing thousands of thousands of workers to go unemployed. The ones that untung from this mess are the lawyers (sue here, sue there). and the developers & new home owners that sign SPA. They will untung because can claim late delivery charge. |
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Apr 8 2020, 02:10 PM
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QUOTE(benzxzx @ Apr 8 2020, 02:06 PM) If they go into liquidation, then the purchaser can just terminate the agreement, why wait for liquidator to take over if its going to take ages? hmm my view is... I guess it applies to all housing loan financing, but for those under construction project, you are servicing the loan on the progressive interest only, not the principal loan.. SPA-contract btw purchaser and developers/proprietors (2 parties or 1 ) Loan agreement-contract btw purchaser and financier cancelling SPA, means you need to disburse all payments to the banks .. otherwise, banks has no security leh.. my exp is that SPA and loan still goes on until new company come in and replace... so most likely cant cancelled the SPA... they will increase the price and sign new additional loans and finish it.. |
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Apr 8 2020, 02:12 PM
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QUOTE(bearbearwong @ Apr 8 2020, 01:58 PM) now cant PAM semuanya arbitration/adjudication, masuk Court tendang... Yea construction related disputes have to be resolved by CIPAA, if they can meet each other halfway then no issues la. then registration kacau.. mostly subsidiary no money can close down.. but but can serve order to paymaster/main con/developers direct freeze account/monies related to pay off.. but must be fast... future make Direct sub con and PAM with directors personal guarantee macam tu ok.. but need Persatuan Arkitek punya consent and movement la... But freezing assets all these fall under Mareva Injunction, you can only file such applications in our courts of law. |
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