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 2 years defect period and reoccurring defect

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TSharrywilsome
post Jan 11 2022, 11:07 AM, updated 4y ago

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Received the key to my new double story link landed house approx one and half years ago directly from a reputable developer.
It has a roof leaking issue/ Water leaking issue.
The developer come and fixed it two times over the past 1.5 years.
Recently, with the rainy season, the leak comes back again.
My defect liability period is going to expire in April 2022.
I am currently not releasing/holding up the 5% stakeholder money from being released to the developer.

Should I just tell the developer that I shall go ahead and fix the water leak/roof issue myself and charge back to the developer stakeholder amount?

Or

Should I just give the developer another chance to fix the leaky roof again?
(I am just afraid that they didn’t fix it properly again and I run the risk of my defect liability period expiring the next time it leaks again). After the DLP period expired, it is my understanding that I could not hold the 5% stakeholder amount anymore.

In a dilemma.
Appreciate any advice on how to deal with the situation.

TSharrywilsome
post Jan 11 2022, 11:16 AM

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QUOTE(scorgio @ Jan 11 2022, 11:12 AM)
Check with your neighbours.

If there're more buyers facing the same issue, u all should file a class action suit against the developer.

Repeated issue may not be a defect anymore. It could be a design flaw.
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Thanks for the feedback.

Yes quite a few of my neighbours are having roof leaking issues also from the unconventional metal roof/gutter design.
TSharrywilsome
post Jan 11 2022, 11:58 AM

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QUOTE(scorgio @ Jan 11 2022, 11:40 AM)
If you all need an expert on this matter.

I knew a semi-retired chartered architect, his present profession is to investigate & prepare professional report on defects & testify in court for house buyers sueing developer.

However his professional charges isn't cheap.
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Sure. Terima kasih bro.
TSharrywilsome
post Jan 11 2022, 11:59 AM

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QUOTE(cedyy @ Jan 11 2022, 11:45 AM)
How did the developer fix the leak previously?
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The leak is caused by flat roof. They apply water proofing material to fix it previously.

 

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