Lawyers in Singapore
Seeking action against renovation work contractors
by Business Listings EditorPhoto credit: iStock
Congratulations! You have purchased your first property! However, before you can move in, you realize that the property requires some renovation before it becomes your dream home.
Moving forward, you proceed to engage a renovation contractor of your choice to carry out the necessary renovation works and sign the necessary contractual documents. On the stipulated commencement date, the renovation contractor begins the renovation works.
Unfortunately, upon the arrival of the stipulated completion date, you realize that many aspects of the renovation works are either not done or part done. In addition, you see countless defects in your contractor’s renovation works.
In either one of the above scenarios, you may want to exercise your rights as a disgruntled house owner and seek redress against these errant renovation contractors. Read on to find out what action you can take against these errant renovation contractors when you find yourself in these situations.
Renovation works not completed by the completion date
Before engaging the potential renovation contractor, you will be presented with an agreement which sets out the various respective rights and obligations of the parties in respect of the renovation works (“the Agreement”).
Prior to signing on the Agreement, it is advisable that you seek legal advice on the terms and conditions of the Agreement to determine whether your rights to seek redress against errant renovation contractors are protected.
In the situation where the renovation works is not completed by the stipulated deadline, one salient clause that you should look out for in the Agreement is your entitlement to claim for liquidated damages against the errant renovation contractor. Liquidated damages is the monetary value of total number of additional days required to complete the said renovation works.
Liquidated damages cannot be claimed unless it is contractually provided for in the Agreement. Hence, it is of paramount importance that a liquidated damages clause has been or be incorporated in the Agreement so as to afford the disgruntled house owner the right to claim for the same when renovation works are not completed on time.
Defects in the renovation works
There are two types of defects which may arise as a result of unsatisfactory renovation works i.e. apparent and latent defects. Apparent defects are those which are obvious at first instance e.g. visible chips on renovated wall. Latent defects are those which only surface after a period of time e.g. appearance of water marks as result of waterproofing defects in the toilet.
In respect of latent defects, the Agreement should have a provision of warranty e.g. a warranty for waterproofing which typically has a period of 10 years. If a provision of warranty is incorporated in the Agreement, then you are entitled to claim for damages against the errant renovation contractors for breach of the same that occurred within the stipulated warranty period.
In both of the aforementioned scenarios, you may also claim against the errant contractor for the costs of appointing a new contractor and for the latter to complete the renovation works and/or rectify the defects.
In the event that you had arrange for temporary housing pending the completion of renovation works and/or rectification of the defects, you may also claim for the costs incurred for the temporary housing.
Seeking legal advice
The two scenarios above only sets out typical claims made by owners who encounter errant renovation contractors. You may find yourself in a slightly different but equally distressing situation, in which case it is advisable for you to seek legal advice from lawyers in Singapore to help explain to you the actions you may take against your renovation contractor.
Adam Ong is an Advocate & Solicitor at Ascentsia Law Corporation. He specializes in construction and building dispute litigation. As a strong believer in the age old adage of “innocent until proven guilty”, Adam also takes a keen interest in defending individuals who are facing criminal prosecution. Feel free to contact him if you like to know more about your rights to claim against errant renovation contractors.
Unhappy with your renovation contractor? Visit Business Directory for a list of lawyers in Singapore who can help you with any disputes you may have.