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 Construction companies going to tutup due to MCO

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bearbearwong
post 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?

Can you really enforce it against a bankrupted 2 dollar company?
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now cant PAM semuanya arbitration/adjudication, masuk Court tendang...

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...
bearbearwong
post 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.

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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nth to stop them to go liquidation, purchasers constantly paying interest sampai new company take over...

and next questions is does moratorium applies to these uncompleted or nearly completed? yes?
bearbearwong
post 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.
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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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..

This post has been edited by bearbearwong: Apr 8 2020, 02:03 PM
bearbearwong
post Apr 8 2020, 02:02 PM

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QUOTE(pgsiemkia @ Apr 8 2020, 02:01 PM)
FM is different, there is a pandemic breakout clause in insurance but unlikely in EOT.
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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...
bearbearwong
post 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?

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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hmm my view is...

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..
bearbearwong
post Apr 8 2020, 02:16 PM

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QUOTE(benzxzx @ Apr 8 2020, 02:12 PM)
Yea construction related disputes have to be resolved by CIPAA, if they can meet each other halfway then no issues 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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half way settlement depends on the ones acting for the losing side.. CIPAA very straight forward.. bills.. invoice, certificate ada just pay, other issue no care one..

Mareva injc too big... sub con where can afford undertaking of damages of paymaster millions man.. garnisi/attachment , then possible/more likely

paymaster-main con portions of progressive payments/final payments/retention sums boleh la...

sub con can claim lor... just the portion above... but if gulung tikar then useless... Main con usually ada banyak contra units, pray for contra units which has values...

This post has been edited by bearbearwong: Apr 8 2020, 02:17 PM
bearbearwong
post Apr 8 2020, 02:21 PM

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QUOTE(benzxzx @ Apr 8 2020, 02:16 PM)
Not if you can prove that there is inactivity at the construction site for 6 months, then you can write in to your financier to have the loan facility cancelled.

Of course they have the prerogative but if you managed to show cause, then the bank cannot withhold consent in approving your termination.

Actually from what I observed, liquidators are usually friendly party of the previously bankrupted company, all left hand right hand do show laa
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my view is apa u mau pon boleh... but the portions disbursed by banks towards your loan draw down macam mana? if u bayor dengan interest... maybe can..that is also subject o developers consent.. if everyone cancels.. then how? u cancel SPA means banks has no security...

take Taman Desa collapsed project as example under constructions ... surely many purchaser want out, can they do? are the reasons solid enough? will developers object? if all allowed to cancel SPA, developers die?

but but the developer/proprietor may say banks had given irrevocably powers to disburse the loan.. the purchaser's issue with the developers is of not a concern to the banks.. banks are merely financier... their duty is to disburse loans...

This post has been edited by bearbearwong: Apr 8 2020, 02:23 PM
bearbearwong
post Apr 8 2020, 02:24 PM

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QUOTE(rickyro @ Apr 8 2020, 02:20 PM)
Depends on the contract. Some can claim EOT with expenses... Some only can claim EOT

For ur second paragraph, it would be implied lo... Where got fair to contactor wor... If MCO 5 months then super GG.com...
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this one most likely to fight it out, if 5 months sub con even got rights would have already wound up... Selangor/KL punya kuasa can la.. these ppl sitting there are reasonable and experience..
bearbearwong
post Apr 8 2020, 02:26 PM

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QUOTE(dadah @ Apr 8 2020, 02:24 PM)
property dev can just sell 30% of their projects and they will untung already. Problem is these property devs can sell 70% to 90% easily.
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banks valuation most important.. and then whether they want to borrow or not? how many eligible borrowers out there?

selling 80% off memang happening now... just they mark up and give discounts/rebates =20% , mana menteri perumahan?
bearbearwong
post Apr 8 2020, 02:30 PM

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QUOTE(benzxzx @ Apr 8 2020, 02:16 PM)
Not if you can prove that there is inactivity at the construction site for 6 months, then you can write in to your financier to have the loan facility cancelled.

Of course they have the prerogative but if you managed to show cause, then the bank cannot withhold consent in approving your termination.

Actually from what I observed, liquidators are usually friendly party of the previously bankrupted company, all left hand right hand do show laa
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humans are always more smarter than the system of liquidator... joint creditors last last come in before winding up request private liquidator to be appointed .. habis no more left hand, right hand...

those appointed liquidator bow down to paymaster which is the creditor... if u find the right person, all those monies, property transfer keluar within certain period all recovered back..

directors duties habis semua 100% application.. mana-mana tak ikut saman sampai lubang cacing... but of course all required time and monies, normally sub cons cant sustain until there.. and main cons/developer seeing you mau mati will come offer:

a) total hutang (bayor 50% via installments..
b) offer new projects lor
c) contra units

what we said and lay down are the things they can do, reality is different, sub con will bow down because of survival.. my views..
bearbearwong
post Apr 8 2020, 02:34 PM

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QUOTE(benzxzx @ Apr 8 2020, 02:28 PM)
Ya indeed, in Malaysia, as long as you know how to pusing, really apa2  you mau pon x de hal.

Of course developer wont agree on termination, but if a purchaser can pay them liquidated damage for 10% of the purchase price, then they have to sign deed of termination with them.

Banks can only release loan once all the pre-disbursement conditions are met, note: a valid subsisting Letter of undertaking issued by Developer is one of the conditions.
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aiya, this requirement wor.. developers, arkitek, engineer, QS /consultant one group, apa pon sign as long as building is safe .. delay not their issue pon..

macam kat bukit jalil, my kawan.. developer install aircorn without windows to claim progressive payments.. ok je... semua kotor air corn habuk...

humans are much much pandai than system... especially those humans
bearbearwong
post Apr 8 2020, 11:58 PM

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QUOTE(benzxzx @ Apr 8 2020, 02:28 PM)
Ya indeed, in Malaysia, as long as you know how to pusing, really apa2  you mau pon x de hal.

Of course developer wont agree on termination, but if a purchaser can pay them liquidated damage for 10% of the purchase price, then they have to sign deed of termination with them.

Banks can only release loan once all the pre-disbursement conditions are met, note: a valid subsisting Letter of undertaking issued by Developer is one of the conditions.

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senior, these 2 can explain further? like down to earth guidance a bit
bearbearwong
post Apr 9 2020, 12:00 AM

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QUOTE(Syie9^_^ @ Apr 8 2020, 11:51 PM)
If repo-ed but still no buyer? and then a developer company buy over and rebuild tall residential structure; is it still bad? unsure.gif

the building facing east and west.
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repo, Hong Kong meh? we ada manyak land...

taking building down and removing debris rarely done by Msia yet...

taking back residence not easy, compensation wise susah.. HK also susah mah
bearbearwong
post Apr 9 2020, 12:07 AM

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QUOTE(tikaram @ Apr 8 2020, 06:17 PM)
Kasi tutup all condtruction company.

All bangla jobless go back bangla
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convert to management companies lor... lower down to an honest pricing, can have demands one.. u ask BBB group...
bearbearwong
post Apr 9 2020, 12:20 AM

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QUOTE(AyamBlend @ Apr 9 2020, 12:14 AM)
Main con hold money domt want pay subcon, non cash rich subcon suffer la tu.
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mana satu sub con yang tak suffer? if cash rich buat apa sub con, straight main con je...
bearbearwong
post Apr 9 2020, 12:31 AM

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QUOTE(AyamBlend @ Apr 9 2020, 12:21 AM)
Pandai buat kerja
Pandai keep money

X semesti
Pandai peojek bidder
Pandai gosok gosok belakang dengan developer/gomen/maincon
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ali baba kan banyak.. tak payah bayor premium? golongan bangsawan/terkemuka? payment insurance dengan Ali baba...
bearbearwong
post Apr 9 2020, 12:33 AM

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QUOTE(airtawarian @ Apr 9 2020, 12:23 AM)
How to go bust sub con sue main con sue developer sue government. All got money what. Even puchaser WIN lad developer wont be paying also
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Sub con ada duit to fight all the way? sana lubang, sini lubang?
bearbearwong
post Apr 10 2020, 10:19 AM

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QUOTE(airtawarian @ Apr 10 2020, 09:16 AM)
Dont underestimate subcon. In fact they won many cases in huge sum
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that is because CIPAA is contingency package... win win type..coz sure win.. is this the big win u mean?

 

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