yes bro, i'm staying at kepong as well.. how can the house be completed when the TNB just fixed the meter board only a few days back? as what i updated in my topic, i believe TNB work is also under his.. the spaces between stairs r uneven and supposely he should break and rebulid it.. but he is giving 100001 excuses.. is there anything i can do? counter sue him maybe?

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Added on November 18, 2007, 10:53 amas what i have mentioned earlier, the contractor said that v suppose to pay the money at the right place.. its shows that he is determined to bring this case to court.. i don't know what's his problem when v r willing to pay the rest 10%..

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Added on November 18, 2007, 11:03 amuh? i don't what to say.. can u share your experience a little? so maybe everyone could learn something.. he is the determined to bring the case to court.. all of sudden..

This post has been edited by krishnath: Nov 18 2007, 11:03 AM

The best way to overcome this is to get rid of emotion between the two parties so that you can minimize loss for both of you. First, arrange for a meeting with your contractor, negotiate a win win situation, deal with fairness on both side, avoid over confrontation and deal with a calm manner. Listen to their problems and make sure they listen to your probs too. If neccesary bring along both parties legal(your appointed lawyer) person to eyewitness this. Out of court settlement is the best solution to this.

if he had filed a summons and a statement of claim against you, you do not counter sue him. you file a counter claim against him.

as what the rest suggested, go for alternative dispute resolution.

justice delayed is justice denied.
I do not know exactly how long it would take for your case to be heard but either way ADR is a cheaper and faster solution. If ADR still can't resolve your problem then go to court to solve it.

Thread merged as there is another identical topic orignated from property section.

thanks bro. v r waiting for the legal papers to arrive.. i hope others don't appoint this guy as their contractor..

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Added on November 18, 2007, 5:57 pmsorry bro.. i'm still new here.. did mistakes while creating this topic..

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Added on November 18, 2007, 6:03 pmyup.. i think the case will run for a long period of time.. today v consulted another contractor and my house architect and they said there r many loop holes in the agreement.. he didn't do like what he and my parents agreed upon.. such as the stairs ( i have written details about it), and the gate.. in the agreement he wrote stainless steel gate but he only gave us wrought gate.. i hope these things will give us the extra advantage.. thanks bro for all your replies.. u had been very helpful.. thanks..

This post has been edited by krishnath: Nov 18 2007, 06:03 PM

there you go. these details are important for you.

wish you all the best.

thanks thanks bro.. i appreciate your help..

Srry, need to get my terms right. but its ok, im no legal expert ahha.

yup, this is the best way we can see this so far. another important thing, your using self drafted contract rite? i dont know if this is as practiced, but if your using a standard form, things should be done through arbitration 1st before any court proceedings. maybe someone can clear this for self drafted contracts?

another thing is that, getting CCC is usually being done by consultants, for example, the bomba submission, jpp submission and stuff, are being submitted by respective consultants on behalf of the client and not contractors. so, it is not a normal thing for getting CCC as part of jobscope of contractors. This might be a good ground if he wants to argue later.

on the design part, yes, the contractor must rectify the problem 1st then he can only entitle for the payment for the works, and on top of that, you are not responsible for his works which is not according to the design. but i really think that these matter should be treated separately. try to sit down and have a discussion before any action is made. try to find best solution, a win-win situation which then leave both party satisfied.

with all the problems (stairs, gate, paymeny agreement, TNB), i don't know how he had the guts to say that he is bringing the case to court.. i'm just hoping the best.. anyway thanks the reply..

my guess is that someone in your family must have somehow pissed off the contractor big time as i am surprised that the contractor don't want payment but instead wants to sue you guys. It will take years before he gets any judgement, and what he gets out of suing you guys beats me? The most he'll get 8%-10% interest of that 10%.

Looking at your so called agreement, he get 30% advance before work start in stages, he already got his profit and 10% is nothing to him i guess.

As for handing over, it doesn't matter if your parents sign any handing over letter or not as you are already staying and as such works should be completed.

Anyway, call him and settle the matter, If he still not willing to settle... "feel good action" is go see a lawyer now and sue him first for delay in handing over the house plus rejected works like you mentioned about not constructing the staircase not in accordance to drawings (i.e. contract) and cost of clearing of debris. But this only prolong the matter and wasting time.

Ask our lawyer how about sending him cheque of the balance 10% via registered post or by hand to his office with a cover letter and make sure they acknowledge receipt of the payment/cheque. With this what is there to sue?

P.S. after thinking about it, the contractor now can sue you for lots of money for defamation as you have alleged that he is "useless" in public. Mod - remember the kennywong case?

This post has been edited by Gen-X: Nov 18 2007, 10:53 PM

@bolded part,
or it is stamped at a stamp office within 1 month of signing.


@TS,
Well, best is for you to consult a lawyer who is practicing in this line, because it is quite specific. And it sounds pretty screwed up though :S

uh... uh.. i really thought of that.. just let him to add another case on me bro... i want to continue this thread.. i want to update it according to this case.. maybe i sound quite egoistic but i have to take the chances.. what's with kennywong case bro? can u explain more of it? thanks for your honest reply bro..

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Added on November 18, 2007, 11:34 pmits not stamped or what so ever bro.. just signed and that's all

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Added on November 18, 2007, 11:45 pmbro, i changed the title already.. seems to be there r many things that i have to learn and be aware of.. thanks for your advice..

This post has been edited by krishnath: Nov 18 2007, 11:45 PM

If the original document is not stamped or done with a commisionar of oath, then it is not legal, but it still carries water in court, but harder la as well as the government fining u for not paying stamp duty which is about 10x the amount (maximum la)

@bolded part
basically he is suing for defamation as well as slander.

This post has been edited by bryanyeo87: Nov 20 2007, 02:55 AM

dude next time if u need to do ID or renovation look for a better one, like those intro by fren or relatives.

Some details on some good ones + discount for lowyatians


Interior Design Consultant, has built its empire of design firm around providing services of construction from sewerage system to renovation and design for offices, factories and residency. From international industrial factories to well known hospitals... Interior Design Consultant signature can be seen at every stop.

Specializing in interior architectural design, Interior Design Consultant was founded in 1996. To date, the firm has designed and installed more than 1000 offices and factories nationwide. The firm offers the full range of interior architectural design services from initial space planning and design, building maintenance, renovation, electrical wiring, plumbing, painting, and construction. To better service the company's clientele, the firm one stop solution to all building maintenance and construction.

The firm's design philosophy is simple, design and construct for the market with the lowest price. No specific "style" or "look" is attributed to the firm, rather we create a custom project for each client and are very involved in research prior to beginning the actual design process. We seek to incorporate a geographical flavor in terms of price and design into each project by the use of experienced craftsmen, artisans and multi-tasking labor and involve themselves in the custom design of architectural details, furniture, lighting,
carpets and fabrics.

Interior Design Consultant is consistently named as one of the top construction and interior design firms by industry professionals. For years, IDC has been chosen by industry peers as most respected for work in the
field of construction and design

Our existing customer includes

Subang Jaya Medical Centre (SJMC) Sdn. Bhd
1, Jalan SS 12/1A,
47500 Subang Jaya
Selangor Darul Ehsan

HIL Industrial Berhad
Lot 3, Jalan Lada Sulah 16/11,
Section 16, 40000 Shah Alam
Selangor Darul Ehsan

Amalgamated Industrial Stainless Steel (AISS) Sdn. Bhd
Lot 6, Jalan Pelaya 15/1,
Section 15, 40000 Shah Alam
Selangor Darul Ehsan

VBC Manufacturing Sdn. Bhd
Wisma Vitar, Lot 590,
Jalan Batu Tiga Lama,
Kawasan Perindustrian Sungai Rasa
41300 Klang
Selangor Darul Ehsan

Pertama Metal Industries (PMI) Sdn. Bhd (listed)
Lot 7835, Jalan Haji Salleh, 5 ¼ Miles,
Off Jalan Meru, 41050 Klang
Selangor Darul Ehsan

TG Medical Sdn. Bhd (listed company)
Lot 5091, Jalan Teratai,
Batu 5 Off Jalan Meru,
41050 Klang
Selangor Darul Ehsan


Btw sorry to say IDC seldom renovate residential however depends on the relationship with cust, which in this case shouldnt be a problem for all lowyat-ians

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Added on November 19, 2007, 12:40 am1 more thing, i just bought a house. In the S & P(sales and purchase) agreement it clearly stated

No CF = Not completed

This post has been edited by donki85: Nov 19 2007, 12:40 AM

so many people r telling so many things.. anyway thanks a lot and all the best with your business..

bro, looks like nothing much u can do now since the fella insisted on bringing the case to the court...
anyway, good luck dude...

thanks a lot bro.

I think the contractor are trying to threaten you so that the case can settle out of court in which they can proclaimed to be winner and get a huge compensation from you.

Anyway, good luck on this case.

hahha.. vert true.. should be getting the legal letter today.. and then i update my thread.. thanks bro..

This post has been edited by krishnath: Nov 19 2007, 11:51 AM

My suggestion to you is, to take the contractor up on his threat for legal action.

Firstly, he has to pay the lawyer at least RM 10,000 to start the action.

Secondly, it will take a long time (estimated) 1 to 2 years for the case to be heard, if he is lucky

Thirdly, just before the mention, if you settle the claim in full, there is no more case to be heard so automatically, everything ends there, of course I am assuming you dont have a counter claim, sometimes, if you do have a counter claim backed up by good reasons, the contractor ends up paying you

Either way you win, so friend, ask the contractor to carry out his threat and stop bothering you lol...






Footnote:
Shoot a letter to the contractor, putting all your grouses in writing. This would support your case should you need it later.