Look at the terms of your progressive billing.

for the 10%, what are the terms?

I am assuming that your progressive billing is the same as any other common progressive billing where 'x'% will be due when 'y' condition is satisfied.

Namqul: There will not be an injunction against krishnath to compel payment because there is a binding contract between his father and the contractor. An injunction is used in this sense to prevent his father or stop his father from doing something. The proper term will be an order for specific performance. You are right about the CCC(Certificate of Completion and Compliance) replacing the CFO(Certificate of Fitness for Occupation)


It is best if you seek proper legal counsel instead of relying on anonymous opinion on a public forum.

Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 18 2007, 01:11 AM

you shouldn't have used a self drafted agreement in the first place.
since the mistake has been done, I shall not comment more on this.

what is the interest rate for overdue payments?
completion of the 'whole' job - is there a definition for this in the contract?
if no then you can always say that the certificate of completion and compliance has yet to be issued. 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.

Anyway you are committing an offence by even staying in that house.

Building (Federal Territory Of Kuala Lumpur) By-Laws 1985
PART II - SUBMISSION OF PLANS FOR APPROVAL

By-Law 26. Occupation Without Certificate of Occupation.

(1) No person shall occupy or permit to be occupied any building or any part thereof other than a singly built detached house, unless a Certificate for Occupation, a Partial Certificate for Occupation or a Temporary Certificate for Occupation has been issued under these By-laws for such building.
(2) No person shall occupy or permit to be occupied any singly built detached house unless a Certificate of Completion and Compliance has been issued under these By-Laws for the singly built detached house and any failure to comply with this paragraph shall render such person liable to prosecution under the Act.


(nb)even if you're not in kl, the act below applies.

STREET, DRAINAGE AND BUILDING ACT 1974

PART V - BUILDINGS

Section 70. Notice of new buildings.
(27) Any person who-


(f) occupies or permits to be occupied any building or any part thereof without a certificate of completion and compliance,

shall be liable on conviction to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.


I STRONGLY advice you to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess your chances of winning the case albeit not always accurate as well as receiving a professional and qualified recommendation.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 18 2007, 02:36 AM

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.

there you go. these details are important for you.

wish you all the best.

That is to show what is a legal contract (relevant to the case in question)

Whether the contract will be 'admissible' as evidence in a civil trial will be governed by Stamp Act 1949



whether there is a witness or whether there must be an attestation by a practicing lawyer depends on the type of agreement whether is it a charge, transfer of property, a will, etc. As a general commercial agreement, it is governed by the Contracts Act 1950. If there is no legal requirement for a contract to be witnessed and the contract was not witnessed, then the issue goes to the weight of the evidence not as to the legality of the contract.


I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the validity of an agreement and its enforceability as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 21 2007, 02:41 AM

maximum is Rm100 or 20% whichever is higher

Rm10 stamp duty = Rm100 so yea 10 times

RM1 stamp duty = RM100 so....100 times

RM505 stamp duty = RM101 so......1/5 times


I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the estimated stamp duty of an agreement as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 21 2007, 07:35 AM

I am pointing out the legality of the contract and the effect of not stamping it and how it affects its admissibility.

I did not and have no intention of discussing the probative value and the weight to be attached to the details given.

Though I'll pose these questions. When you mortgage your house to a bank, will your bank stamp and bear the charges of stamping the Loan agreement for you? When you purchase a property direct from developer, will the developer stamp and bear the charges of stamping the S & P for you?

This post has been edited by schizophrenic: Nov 21 2007, 01:35 PM

Name me one developer who actually bears the disbursements(Stamping duty among other cost) of the Sale & Purchase transaction.

On the assumption that there are some who bears it and on the assumption that a simple majority would be able to represent the industry as a whole then
how often would you find a developer who actually bears the disbursements(Stamping duty among other cost) of the Sale & Purchase transaction or even consider that the few who bears it would represent the practice of the industry bearing such a cost so as to consider it as a norm although from a different school of practice.

I do admit there are developers who would bear the legal fees for the S&P but apart from that, the disbursements are borne by the client unless otherwise agreed. Even with this exception, how often would it be applicable?

There are banks who requires the client to bear the charges for stamping the Letter of Offer for the facility provided. In practice, all is done by the solicitor in his professional capacity representing the purchaser/mortgagor.

Based on these, I posed the question as quoted and bolded by you to the thread starter for him to consider. He may agree or disagree but the reasons why I am posing the question to him are as stated above.



I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the burden of the parties with regards to the stamping and duty payable of an agreement as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

read the lines attached in light of this

QUOTE(krishnath @ Nov 21 2007, 09:09 AM)
"as a contractor i belive that its his responsibilty to get the letter stamped....."

It will go on to show that I am merely rebutting a presumption made by krishnath. I did not say I disagree with you but I clearly say it is not an accurate representation of the industry for krishnath to be making such an assumption.

Anyway since we're on this issue, it is not normal for contractors to obtain the CCC unless otherwise agreed. However, if the contract is silent and if the client's lawyer is really good, then it will be arguable.

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Added on December 4, 2007, 3:19 amOut of curiousity, who are the panel lawyers for the project you mentioned?

This post has been edited by schizophrenic: Dec 4 2007, 03:19 AM