QUOTE(kikurazz @ Nov 18 2007, 10:02 AM)
this is how i look at this matter:
1. no matter self drafted or standard form of contract, it doesnt matter since both are enforceable in the eyes of law.
2. there's no clause stating that u're liable for any delay/late payment, from what i understand
3. you said that 10% of the final payment must be made after completion and handling of keys - which i assumed has already taken place since u are living in the house4. IMHO, obtaining CF is not the contractor's obligation, some planning authorities are.
5. is there any defects in the work? if there is, you could actually delay the payment until all defects are rectified, eventhough it's not stated in the contract, this is generally the practice of the industry.
so, IMHO, do not bring this to court...it will take u months or years perhaps. 10% final payment would not have cost a lot, so it would be better to cut the deal with the contractor privately rather than engaging any legal action. i'm not sure what is the real situation you or your hse are in, but what i understand is that you guys are delayed by one month, which again, IMHO, does not mean a hell lot. so, try to negotiate with the contractor, maybe you could offer a lower amount to the one initially agreed since the works were not completed within the agreed period. where are u staying anyway? kepong area? i noticed that the contractor is from TBM. i'm in kepong too.
just my 2 cents.
i'm in the construction industry anyway.
This the main problem of the TS has, the house hasn't get the CF or CCC as mentioned, if not mistaken, but TS already start to live in there, also wrong in the eye of the law.
I think the best way out of this issue is both party to sit down and having proper discussion and work the best out of it. If really go to court, both also are losing end. Legal firms are the ultimate winner. Even you have the case and have the right to win it, legal move is the last resort you want to take, as it just means hassle.
TS stated in the self-draft agreement : the last 10 is giving out 'whole job nad handing of keys.. '
While schizophrenic posted it it common practice
QUOTE
Thus despite the keys being handed, the house is not completed pending the CCC. This is common practice for a house to be recognised as completed.
The purpose of a house is for occupation and if it is an offence to even occupy a house without CCC, could you consider it to be completed or even wholly completed? Where the contract is silent on this point, the courts will construe the ambiguous term(if the court finds this term to be ambiguous) '.....wholly completed....' against the party seeking to rely on it based on the Contra proferentem rule.
If he argues that the house has been completed and it must be completed before CCC can be issued. You can tell him that the completion for purposes of application is that he had supervised the erection and completion of the house and that to the best of his knowledge and belief the house has been constructed in accordance with the By-Laws. Until the CCC is issued, the house cannot be deemed to be wholly completed.
So how to define it? in the eye of the law, that's crucial if the self agreement is accepted.