Problems with new condo unit

[Achtung]

The residents can group together and go for a class action.

Anyway, to TS, u have one year for developer to rectify.

 

 

 

Liquidity Damage.

 

If you are a contractor and you delayed the project, the developer will sue you for LD.

 

what about resident? Any revenue for doing so?? Maybe can form a committee and seek legal advice.

 

[Lotr]

Developer is big established one, I assume recently TOP......my guess would be sky habitat.

sky habitat haven't top, d'leedon?

[Bismarck]

sky habitat haven't top, d'leedon?

I have replied that I guess wrongly and it's not sky habitat Liao.

Don't think it's d'leedon.

[Shadowdad]

Get your lawyer to write to developer about the defect. Take picture and sent in your defect lsit to developer. You still hold i think 15% of the purchase price, so don't worry. Just make sure they know your defect. Sent reminder every month if not fixed. Yoy can engage your own contractor if you give them resonable time to fix, consult your lawyer to claim back from developer. My pervious condo flooring was bad, i engage contractor to change to equipvalent material and claim 15k from developer.

[Kusje]

Liquidated damages are collected by developer and is not applicable to the purchasers. Purchasers can only claim from the builder under tort as a last resort. Before taking such an extreme and costly measure, there are several avenues a purchaser can take, for example, writing to the developer if the defects rectification is not done satisfactorily.

 

Meanwhile, stay cool like the rest say as there are laws to protect the purchaser. The developer's responsibility does not end after the 1-year defects liability period. There is another six years liability for latent defects that did not surface in the first year as well as those defects highlighted that they fail to rectify.

 

Next is to rally your neighbours (minimum 10%) to write to developer to call the 1st AGM to run the Management Corporation (MCST) and appoint your choice of Managing Agent (MA). Otherwise the developer may delay the process as long as possible since the MA who is appointed by them is unlikely to hound their paymaster for rectification of defects at common areas.

 

Definitely not true. My Sales and Purchase agreement has a clause for liquidated damages (drafted by the developer's lawyer too!).

Defect inspection in new developments-

http://www.propertyguru.com.sg/blog/tag/defect-inspection-in-new-developments

 

Doesn't teach us anything. It's an advertisement for someone to come in and help you identify the defects....

Get your lawyer to write to developer about the defect. Take picture and sent in your defect lsit to developer. You still hold i think 15% of the purchase price, so don't worry. Just make sure they know your defect. Sent reminder every month if not fixed. Yoy can engage your own contractor if you give them resonable time to fix, consult your lawyer to claim back from developer. My pervious condo flooring was bad, i engage contractor to change to equipvalent material and claim 15k from developer.

 

Wow. How bad was it that you had to change the entire thing out on your own? Developer didn't reply or try to rectify it?

[Flying_genie]

 

 

Bear in mind that TOP date is non contractual.

 

 

Agreed. TOP is non contractual. Date of Legal Completion is.

[Kusje]

Agreed. TOP is non contractual. Date of Legal Completion is.

 

What does TOP and DoLC mean anyway?

 

My contract only states DoLC and TOP is not mentioned at all.

[Civic6228]

Get your lawyer to write to developer about the defect. Take picture and sent in your defect lsit to developer. You still hold i think 15% of the purchase price, so don't worry. Just make sure they know your defect. Sent reminder every month if not fixed. Yoy can engage your own contractor if you give them resonable time to fix, consult your lawyer to claim back from developer. My pervious condo flooring was bad, i engage contractor to change to equipvalent material and claim 15k from developer.

 

There is a final 15% that your lawyer is still holding ... and you can request for your lawyer not to release any payment till all the defects are done.

 

All developers would want to TOP asap ... to get their money. The DoLC is the one that is in the S&P agreement, hence legally binding.

 

 

[Yaloryalor]

TS dun wan to mention which project worry this will affect his selling price next time? hehehe...

 

Sporean is forgetful one. Dun worry.

[Ben5266]

TS dun wan to mention which project worry this will affect his selling price next time? hehehe...

 

Sporean is forgetful one. Dun worry.

To name the developer now, is as good as banging the table.

TS should use the soft approach first....

If all things fail then .... flip table!

 

[Sabian]

TS got check if bathroom water runs off towards the floor trap or does it collect in a pool at somewhere else on the bathroom floor?

[Xefera]

alternative, you can escalate by insisting on calling the big shots. You can be surprise how fast they can revert.

 

In my case, was told that the defect is a 2 day job, in the end, all done neat and tidy overnight when i decided to call the GM direct.

[Mockngbrd]

I guess hedges park alsho

[Soya]

I guess hedges park alsho

 

maybe all the workers hiding in the hedges doing monkey bizness that's why quality poor......

[Soya]

 

What does TOP and DoLC mean anyway?

 

My contract only states DoLC and TOP is not mentioned at all.

 

 

It's not mentioned coz TOP is not contractual.

 

Temporary Occupancy Permit (TOP) means BCA has inspected the property and deem it fit for occupation but there are other legal and statutory requirements which the developer has yet to fulfill. This must be 100% complied before a Certificate of Substantial Completion (CSC) is issued and this must fall within the Date of Legal Completion. If developer miss this date, buyer has legal recourse to seek damages.

[ktnpl]

 

Definitely not true. My Sales and Purchase agreement has a clause for liquidated damages (drafted by the developer's lawyer too!).

 

My bad. I checked my S&P. There is 10% pa payable by the developer to purchaser for delay in handing over keys as well as completion of the S&P. There is also compensation if the unit is more than 3% smaller than the area stated in the S&P.

 

 

It's not mentioned coz TOP is not contractual.

 

Temporary Occupancy Permit (TOP) means BCA has inspected the property and deem it fit for occupation but there are other legal and statutory requirements which the developer has yet to fulfill. This must be 100% complied before a Certificate of Substantial Completion (CSC) is issued and this must fall within the Date of Legal Completion. If developer miss this date, buyer has legal recourse to seek damages.

 

Should be Certificate of Statutory Completion issued by BCA. Certificate of Substantial Completion is issued by the Qualified Person or Lead Consultant for the building contract.

[Hamburger]

 

My bad. I checked my S&P. There is 10% pa payable by the developer to purchaser for delay in handing over keys as well as completion of the S&P. There is also compensation if the unit is more than 3% smaller than the area stated in the S&P.

 

Should be Certificate of Statutory Completion issued by BCA. Certificate of Substantial Completion is issued by the Qualified Person or Lead Consultant for the building contract.

 

so is there a date in the contract stating the CSC date?

[Mazda2gal]

To name the developer now, is as good as banging the table.

TS should use the soft approach first....

If all things fail then .... flip table!

 

Yes that's what I'm thinking,Thanks for understanding.

 

They sent 4 guys to meet me: 2 Reps from developer team (one is resident engineer), the construction supervisor K (foreign worker) who did joint inspection with me and boss of supervisor (foreign worker from Country P).

 

Developer team reps reached first, they appeared apologetic but were very careful with their words, did not commit to anything, did not give any opinion. When questioned abt the workers entering unit at night, the resident engineer answered contractor conducting investigation. When I questioned why unit handed over in bad condition, no QC done? They kept quiet.

 

Then Boss of supervisor asked whether we have cctv footage of the workers entering unit at night. I directed the question to developer team, they say no cctv at the location. Boss of supervisor then say the workers have to go ard to all units doing defects to check that doors and windows are all closed at night. I countered that no defects were rectified over the days they entered the units and why need half hour to check my unit's doors and windows? He couldnt answer, then admitted they may be doing other business inside.

 

I went through the undone defects and newly appeared defects (apparently caused by the workers) with them. K's boss there and then repeatedly told K to get them rectified because they are not difficult. K claimed he planned to do them today. K's boss also readily acknowledged that a no. of items are really defective and shd be replaced but he told me frankly that he needs up to 6 weeks for the stock to come in, so he'll owe me those items till stock comes in but I can start my reno or even move in because those are not critical items. He seemed frank and sincere (I could be wrong).

 

I didn't raise my voice, I merely raised my doubts and point out the facts and the defects. I tried persuading K's boss to commit to rectifying in one week's time but he stood very firm that they'll need 2 weeks but will try to deliver earlier if possible. Fair enough, according to contract they have one month to rectify defects, but I also emphasized I do not want any delay beyond the one month. Developer team Reps behaved diplomatically but they did comment that the chippings at the washbasin top were bad.

 

From now on will monitor the progress very closely. If K still doesn't start work, I'm going to hound his boss.