Dear /ktards, I posted this in property forum, but since that subsection is jalan kampung and no traffic, I decided to go to highway and post again.

I believe there are many property pro here and experienced professional that can answer my question.

I have some problem with the developer with incomplete defect rectification after I sent a final notice giving them 30 days to rectify before I rectify them using my own contractor (as stipulated in the SPA). The deadline ended on 18th October 2020, and I engaged a contractor to rectify the defect. The rectification process is still in progress, and today, I received this letter.





My question is, after I complete the rectification, should I go back to the developer and claim the costs, or should I go direct to tribunal since the developer now formally refuse to acknowledge that the problem persists?

Here is the summarize timeline:
10th July 2020 – received keys
14th July 2020 – sent out defect rectification
15th Aug to 14th Sept 2020 – extend, extend, extend, extend
17th Sept 2020 – Sent out notice to rectify on my own according to my rights stipulated in SPA (30 days notice)
9th October 2020 – I follow up after I see nothing been done, said in progress.
14th October 2020 – Request for 14 days extension. I said If you resolve the crack issue, I will consider, otherwise, no.
18th October 2020, 6.30pm – I went to check the crack, nothing been done.
19th October 2020, Morning – Crack was hid with simple patch, patch mark was visible.
19th October 2020, Afternoon – Crack reappear after the cheapo patch dried.
19th October 2020, Afternoon – I inform the developer, no more extension. Call contractor to measure window frame.
27th October 2020 – Developer contacted me to install new window frame, I said, no, I already ordered myself
30th October 2020 – Developer sent letter said everything has been completed. Consider the matter resolved.

Here is some excerpt from the correspondence:

Yes. I know their shit words doesn’t mean shit. But should I waste my time go back to them, or should I claim through tribunal?

But what about the final letter that they were pretending the rectification is completed by feeding the architect with wrong information. Heck I wasn’t being informed that the architect want to see the defect works. It should be done prior to 30 days notice not after.

This post has been edited by blanket84: Oct 30 2020, 11:37 PM

This is what I thought too. How come they can simply conclude without seeing the real thing? Based on fabricated photo from the contractor? Sounds very unprofessional to me. Anyway, I have emailed to them directly asking for justification on their side and provide them information from my side. I will give them few working days to respond before I report them to LAM.

Yeah. It’s a well known issue that the person we contacted are just dumb puppet that knows nothing whatsoever going on on site. It’s a position that waste money and should not exist at first place. Just a puppet for client to scold. Fortunately for her I am not a scolding person, and I rely on law rather than trying venting my anger with no resolution.

Really lol architect. I facepalm until my forehead become red after reading the letter. What a fckup architect.

Well. I will try to resolve this problem by exhausting all the legal avenue I have first. After that I might reveal who are the fckup developer and architect

This post has been edited by blanket84: Oct 30 2020, 11:47 PM

I will be moving in soon and I have no intention to claim any defect from them anymore since I will be doing some renovation prior to moving in and definitely they will use that as an excuse to refuse any defect claim as I made them enemy already. Right now I only intended to claim whatever being reported already especially the major one which is the replacement of window frame. I cannot wait anymore since I feel stupid paying 3.5k a month yet still living in a slump I currently live.

Thanks. Hopefully I could succeed in pursuing the claim. Not that much anyway, final quotation comes to about 7k only. Something worth risking rather than continue waiting for developer to rectify small issue until DLP ended.

1) Yes
2) 2 out of 5 I listed in my final 30 days notice with quotation. The rectify 2 of simplest, completely ignore the other one (which I wouldn’t pursuit because I realized I wrote the wrong side wall in the defect report). Left are crack on one wall & replacement of window frame.
3) Which/what certificate are you referring to? The architect only produce that letter to say everything is satisfactory. The mind boggling thing is that the condition of the frame when the architect said it needed to be replace remain status quo when at time when the architect conclude it is rectified what kind of stupid architect is that?

Yeah. I haven’t sent that letter yet. I have drafted but not sent yet. Funny things is that all this step were advised by the stakeholder (appointed by developer), to put everything in writing & keep all pictures so that we have strong case in event the developer refuse to pay.

This post has been edited by blanket84: Oct 31 2020, 01:05 AM

Thanks.

When claiming the costs to reimburse, do I claim from the developer, cc to stakeholder or the other way around? I need to check the SPA as I am a first time house buyer.

I already cc the notice letter to the COO of the said company. But I am not sure whether the letter reach him or not. But I do have proof that I sent the letter as I delivered them by hand.

The thing is, the correspondence puppet don’t even cc her immediate boss even when the problem escalated. I have no avenue to reach the management unless I barge into their office. Best is I just wrote a letter to claim the cost, and if it fails i will proceed with filing to tribunal.

I guess I have to keep the defective windows in my compound as future evidence

It’s 30 days. Then you give notice to give them solid 30 days deadline before carrying out the job yourself. My mistake was to trust them and give them extra 4 weeks after the first 30 days lapse. I should have known this will drag if I manage to detect their procrastination earlier.