Renovation Nightmare

[shaunz 0]

Hi all,

Would greatly appreciate some inputs and recommendations on my case

I recently "took over" in spearheading my friend's home renovation.

To summarize, he had to go overseas for studies, and his parents have been constantly being bullied by the contractor, thus he requested me to take charge of his renovation and handle the contractors. The contractors would practically raise voice and scold the family

Since around Sept 2011 last year, he engaged a contractor to do up his home, which involves making an additional third storey, and also re-do the whole house. They being very new and naive, did not have any black and white written, and even the contract was very simple, with contract terms like "anti-termite for existing area and 1st storey" & "staircase of 25mm width for the staircase".

The contract was originally stated to be completed within 10 months after getting the Permits to Commence Structural Works, and at that time, it was not even 1/2 way done; no floor tiling, toilets not ready, etc. So they made the contractor sign another written contract which is to complete it in one month's time (the contractor does not have a copy of the second contract)

Now fast forward to August, the flooring and walls are done up, but of course the quality was nowhere good; the main gate's hinges was recycled from the previous gate, there was no grouting done between the floor tiles, the steps on the staircase had sharp edges, no roof cover in 2nd storey's toilet (i can look and see the person ****ting from 3rd storey). Even the staircase handle was not extended all the way to the last step of the staircase. We have since engaged another contractor to finish up the shady works, which he has started around 1 week back

Sadly, they have long paid 90% of the contract cost to the contractor, all via cheque, and this amounts to six digits beginning with the number "3". The contractor is now demanding a 20,000 contract termination fee, which we feel that it is not fair. The owner feels like paying up and get on with life, but i don't feel so

Our defense is

• Passed the first contracted due date (i think there is even a second contracted due date)
  
• Unsafe finishing and living environment
  
• Basically lousy work done
  
• Unfair and unclear contract terms as compared to other contractors (we managed to get hold of other companies contracts as reference)
  
• Though not a valid case, extremely overcharged
  

While the old contractor is currently quiet and did not appear to demand the 20,000 yet, we are currently preparing our bullets, and of course legal options

I was hoping that I could get some recommendation to lawyers whom specializes in handling such cases. I doubt mediation with Radac would help much. Would taking pictures of the not completed work, while allowing the current contractor continuing with the work help? We are worried that the old contractor would claim credit to the new contractor's finishes

Thank you in advanced

Edited September 4, 2012 by shaunz

[Jgal 0]

use the lemon law against them. They will be obligated to pay back if not in full , most of the $$ they chop if the items received is not acceptable or spolit

Edited September 5, 2012 by Jgal

[gkbt 8]

Problem with lemon laws is that the SCTB can only hear claims of small quantity.

I would suggest to proceed with small claims rather than file a lawsuit for the following reason.

1) the contractor has done up some of the work already

2) the owners do not wish to pursue the case further (from the fact they rather pay up the 10%)

Go for the maximum claim and see if the contractor will still want to stand by the ownings

Please take pictures of the situation asap before the current contractor works with it. So the SCTB can make the errant contractor pay for the work of the current contractor as well if necessary. max claim is 10k or 20 if the contractor allows it to go there

website http://app.subcourts.gov.sg/sct/page.aspx?pageid=8617

cheers

[Lauer 15]

Hi all,

Would greatly appreciate some inputs and recommendations on my case

I recently "took over" in spearheading my friend's home renovation.

To summarize, he had to go overseas for studies, and his parents have been constantly being bullied by the contractor, thus he requested me to take charge of his renovation and handle the contractors. The contractors would practically raise voice and scold the family

Since around Sept 2011 last year, he engaged a contractor to do up his home, which involves making an additional third storey, and also re-do the whole house. They being very new and naive, did not have any black and white written, and even the contract was very simple, with contract terms like "anti-termite for existing area and 1st storey" & "staircase of 25mm width for the staircase".

The contract was originally stated to be completed within 10 months after getting the Permits to Commence Structural Works, and at that time, it was not even 1/2 way done; no floor tiling, toilets not ready, etc. So they made the contractor sign another written contract which is to complete it in one month's time (the contractor does not have a copy of the second contract)

Now fast forward to August, the flooring and walls are done up, but of course the quality was nowhere good; the main gate's hinges was recycled from the previous gate, there was no grouting done between the floor tiles, the steps on the staircase had sharp edges, no roof cover in 2nd storey's toilet (i can look and see the person ****ting from 3rd storey). Even the staircase handle was not extended all the way to the last step of the staircase. We have since engaged another contractor to finish up the shady works, which he has started around 1 week back

Sadly, they have long paid 90% of the contract cost to the contractor, all via cheque, and this amounts to six digits beginning with the number "3". The contractor is now demanding a 20,000 contract termination fee, which we feel that it is not fair. The owner feels like paying up and get on with life, but i don't feel so

Our defense is

• Passed the first contracted due date (i think there is even a second contracted due date)
  
• Unsafe finishing and living environment
  
• Basically lousy work done
  
• Unfair and unclear contract terms as compared to other contractors (we managed to get hold of other companies contracts as reference)
  
• Though not a valid case, extremely overcharged
  

While the old contractor is currently quiet and did not appear to demand the 20,000 yet, we are currently preparing our bullets, and of course legal options

I was hoping that I could get some recommendation to lawyers whom specializes in handling such cases. I doubt mediation with Radac would help much. Would taking pictures of the not completed work, while allowing the current contractor continuing with the work help? We are worried that the old contractor would claim credit to the new contractor's finishes

Thank you in advanced

Very sad case, these are the problems where an architect is not fronting a construction project, and it goes wrong.

I don't supposed that there is a liquidation schedule worded in the contract? If so, then I think that hands are tied.

[Speed45 0]

Hi shaunz, do u know y did ur friend paid 90% of the contract when theres still so many works left undone ? Just from this forum only, i see alot of homeowners who paid up 90% of contract while many works are still left undone faces a high chance of id/contractor running away before completion.

Ur only solid case is the work overrun its due date, u can sue for compensation on outsourcing other contractor to finish the remaining works, lost of place to stay (renting other place to stay/hotel etc) but dont expect to get back the full amount...

Unsafe finishing and living environment & poor workmanship - u need to take plenty of photos n send to BCA/Radac for evaluation. Dont expect much as those authorities at most will slap a fine n maybe demerit points. Theres too many loopholes around for the contractor to take advantage of n the worst case scenario is the contractor close shop n open another new one.

Unfair and unclear contract terms n overcharged - your friend shouldnt have signed in the first place if he dont find it fair, really tough case on this...

Good luck, hope to hear more from you...

[shaunz 0]

sorry for disappearing

to give a brief update

we went to seek a lawyer's opinion, and the lawyer told us to find a surveyor, which would cost around 2-3k, where the surveyor would list out all the defects, and expected cost of repair. we can from there, keep the surveyor's report, or use it to sue the contractor for negligence and "non-professional quality work done" (he used a term which i cant remember), or use it against the contractor when he reappears, that will be up to us

after getting a referral from my dad to a resident engineer, he told me that now that there is already a 2nd contractor, and all the mess, he would really recommend me to DIY the damages. and the surveyor should be actually a loss adjuster instead, and going by his experience, since we are really not interested to sue that guy, and more of trying to ward him off, we should instead diy. having a surveyor/loss adjustor could smell big cost if it does become a civil suit.

the biggest mistake we did was to not follow the following steps

1) issue black&white letter to the contractor, instructing and warning him of outstanding damages, and asking him to complete it by a certain time

2) taking lots of pictures and documenting the damages properly

3) giving a written final warning

if all the above was done nicely, we would easily build a case, and whatever additional cost which may occur from the 2nd contractor, can be claimed to your rouge contractor (the old contractor was not a pte ltd company, thus technically he has 100% liability)

we are now taking the DIY steps and getting the pictures taken and ready.

from the lawyer's POV, the contractor "should" be gone already since it has been more than 2 weeks and he has not appeared asking for more money, but i would hold my horses

Edited September 17, 2012 by shaunz