All language subtitles for 0904(2)

selamat datang ke Hari 2 Siri 2

a warm welcome to Day 2 of Series 2

Pengurusan dan Penyelenggaraan Kolam Renang

of the Swimming Pool Management and Maintenance

program latihan kelas atasan

upscale training program

membezakan penceramah dan peserta

distinguish speakers and participants

selamat pagi

good morning

pagi harap anda minum kopi dengan betul

morning hope you had your coffee right

kebanyakan kita telah berjumpa semalam

most of us have met yesterday

dan harap semua orang selamat berehat malam tadi

and hope everyone had a good night's rest last night

bagi yang tiada semalam

for those that were not here yesterday

izinkan saya memperkenalkan diri

allow me to introduce myself

nama saya Janice

my name is Janice

dan untuk sepanjang hari

and for the rest of the day

Saya akan memandu anda untuk memesan program berbaris

I shall be walking you to order programs lined up

sama seperti semalam

just like yesterday

kami akan mengadakan 2 kali rehat teh

we will be having 2 tea breaks

dan satu rehat makan tengah hari di antara sesi

and one lunch break in between sessions

before we start

before we start

Saya ingin meminta dengan lembut

I would like to gently request

bahawa semua telefon mudah alih dan peranti membuat bunyi lain

that all mobile phones and other sound making devices

untuk ditukar kepada mod senyap

to be switched to silent mode

agar tidak mengganggu sesi terima kasih

in order not to disrupt the sessions thank you

tanpa perlu berbuat lebih lanjut

without further a do

Saya ingin memanggil penceramah pertama untuk hari ini En

I would like to call the first speaker for today Mr

Lawrence Town dari KK Town dan rakan kongsi

Lawrence Town from KK Town and partners

yang akan bercakap mengenai subjek

who will be speaking on the subject of

tempoh liabiliti kecacatan dan tuntutan kecacatan Leighton

defect liability period and Leighton defect claims

serta perkara undang-undang yang lain

as well as other legal matters

mentadbir industri kolam renang di Malaysia

governing the swimming pool industry in Malaysia

sila alu-alukan En

please welcome Mr

Lawrence Tan

Lawrence Tan

terima kasih Janice selamat pagi semua

thank you Janice good morning everyone

harap semua selamat berehat semalam

hope everyone has had a good rest yesterday

selepas sesi

after the session

jadi hari ini saya penceramah pertama hari ini

so today I'm the first speaker of the day

Saya akan bercakap tentang sedikit

I am going to talk about a little bit

tentang tempoh liabiliti kecacatan dan juga kecacatan Leighton

about defect liability period and also Leighton defects

ini adalah dua aspek utama yang

these are the two main aspect which

maaf ya ini adalah dua aspek utama yang En

sorry yeah these are the two main aspect which Mr

Kelvin meminta saya menerangkan sedikit sebanyak

Kelvin asked me to explain a little bit in

dalam sesi ini

in this session

okey jadi saya akan mulakan pembentangan saya

okay so I will start my presentation

jadi apakah tempoh liabiliti kecacatan

so what is a defect liability period

umumnya kami tidak bertemu sebagai Alpela

generally we don't meet as the Alpela

okay ini bukan

okay this is not

Saya tidak akan mengatakan terutamanya untuk kolam renang

I will I will not say is particularly for swimming pool

sebenarnya untuk semua projek pembinaan

is actually for all the construction projects

biasanya mana-mana subkontrak atau kontra utama

usually any subcontracts or main cons

kontrak utama pembinaan di Malaysia

main contracts of the construction in Malaysia

Saya tidak akan mengatakan wajib

I would not say compulsory

tetapi secara amnya terdapat liabiliti kecacatan

but generally there would be a defect libility

tempoh LP

period of the LP

jadi apa itu DLP jadi DLP um

so what is what is a DLP so DLP um

it was designed to confer an obligation

it was designed to confer an obligation

on the contractors part to rectify

on the contractors part to rectify

at its own defect

at its own defect

own expense um

own expense um

the defects which are notified by the employer

the defects which are notified by the employer

uh in in general

uh in in general

it means that after the

it means that after the

after the project is complete

after the project is complete

after the work has been completed by the subcon

after the work has been completed by the subcon

the contractor or the subcontractors

the contractor or the subcontractors

so there would be a period

so there would be a period

where the contractors or the subcontractors

where the contractors or the subcontractors

are required to come back and rectify the defects

are required to come back and rectify the defects

whenever they are

whenever they are

they are being notified by the employers

they are being notified by the employers

or the main contractors

or the main contractors

so it depends on where who

so it depends on where who

who is the parties between the agreements

who is the parties between the agreements

so generally

so generally

it would be

it would be

asking the contractors or the subcontractors

asking the contractors or the subcontractors

to come back to rectify the defects

to come back to rectify the defects

so it it would be a stipulated period

so it it would be a stipulated period

so um it is also a creature of contract

so um it is also a creature of contract

so it depends

so it depends

solely on the terms and wordings of the contract itself

solely on the terms and wordings of the contract itself

it is not um

it is not um

how to say you must be agreed upon between the parties

how to say you must be agreed upon between the parties

for example

for example

between the main con and the subcon

between the main con and the subcon

or in between the developers and the main contractors

or in between the developers and the main contractors

so it must be agreed upon

so it must be agreed upon

it is not something implied where the

it is not something implied where the

where if you do not agree beforehand uh

where if you do not agree beforehand uh

there will not be a DLP

there will not be a DLP

in so called the agreement

in so called the agreement

okay so it's not automatically imply

okay so it's not automatically imply

it must be agreed between the parties

it must be agreed between the parties

so what is the general period of a DLP

so what is the general period of a DLP

so it usually begins with the insurance of

so it usually begins with the insurance of

certificate of Practical Completion CPC

certificate of Practical Completion CPC

and ends with issues of cmgd

and ends with issues of cmgd

which is the certificate of making good defects

which is the certificate of making good defects

this this is the general principle

this this is the general principle

I say is usually this way

I say is usually this way

so how long is this period

so how long is this period

it will depends on the size of the project I would say

it will depends on the size of the project I would say

but generally it would be 24 months

but generally it would be 24 months

from from my past experience

from from my past experience

like generally will be 24 months

like generally will be 24 months

unless it's a small project

unless it's a small project

then probably it will be less than 24 months

then probably it will be less than 24 months

and it also usually accompany

and it also usually accompany

with the employer being allowed to retain

with the employer being allowed to retain

a part of the contract sum as retention sum

a part of the contract sum as retention sum

so what is a retention sum in a

so what is a retention sum in a

in a project

in a project

usually the contractor or the subcontractor

usually the contractor or the subcontractor

with some progress claim

with some progress claim

so usually for DLP and also retention some

so usually for DLP and also retention some

it will allow the employer to deduct certain percentage

it will allow the employer to deduct certain percentage

let's say 5%

let's say 5%

from each of the progress claim

from each of the progress claim

so in the end of the day the

so in the end of the day the

the employer or the contractor

the employer or the contractor

the main contractor who employs the SUBCON

the main contractor who employs the SUBCON

or the contractors

or the contractors

will have of

will have of

let's say 5%

let's say 5%

as I mentioned earlier

as I mentioned earlier

they will have a 5%

they will have a 5%

of the total contract sum in their hand

of the total contract sum in their hand

to rectify this defects

to rectify this defects

in the event the contractor did not come

in the event the contractor did not come

after being notified to ask them to come

after being notified to ask them to come

they don't come

they don't come

so then they will use that part of money

so then they will use that part of money

to repair the defects

to repair the defects

because we can't wait forever

because we can't wait forever

okay and I said this

okay and I said this

this money is a security

this money is a security

for their contractors observance

for their contractors observance

of its obligation under the construction contract

of its obligation under the construction contract

so this must be agreed upon beforehand as well

so this must be agreed upon beforehand as well

before the entering of the agreement

before the entering of the agreement

and it usually is 5 per 5%

and it usually is 5 per 5%

the release

the release

I will talk a little bit more about this retention

I will talk a little bit more about this retention

some it will

some it will

it will generally be released uh

it will generally be released uh

after the complete

after the complete

after the cmgd being issued

after the cmgd being issued

so let's say it's 24 months

so let's say it's 24 months

so probably after 12 months it will release the first

so probably after 12 months it will release the first

we call it first mighty of retention sum

we call it first mighty of retention sum

and after the insurance of cmgd

and after the insurance of cmgd

then you will be the release of the second mighty

then you will be the release of the second mighty

then finish 24 months

then finish 24 months

and after the cmgd

and after the cmgd

the total 5% 2.5 2.5

the total 5% 2.5 2.5

first mighty 2.5% and second mighty another 2.5%

first mighty 2.5% and second mighty another 2.5%

the total 5% will be then returned

the total 5% will be then returned

and pay back to the contractor

and pay back to the contractor

in the event they complies with the

in the event they complies with the

all the repairs needed during the DLP

all the repairs needed during the DLP

okay so it requires the contractor to repair

okay so it requires the contractor to repair

rectify making good all the effects within the period

rectify making good all the effects within the period

and secondly

and secondly

the contractor should be under more general

the contractor should be under more general

repairing obligation

repairing obligation

akin to that in the lease

akin to that in the lease

in regard to the completed works during the period

in regard to the completed works during the period

and thirdly

and thirdly

is for the contractor to maintain and uphold the works

is for the contractor to maintain and uphold the works

for the period

for the period

which is better term at the maintenance class

which is better term at the maintenance class

so I have explained just now in

so I have explained just now in

in plain words

in plain words

so these are the

so these are the

these are the things that the contractors should do

these are the things that the contractors should do

during the DLP

during the DLP

whenever there's a notification

whenever there's a notification

come there's a defect

come there's a defect

or there's a couple defects

or there's a couple defects

the contractor

the contractor

or the employer will prepare a lease of defects

or the employer will prepare a lease of defects

then it is under the obligation for the contractors

then it is under the obligation for the contractors

to come in and do the repair within the DLP

to come in and do the repair within the DLP

so DLP is

so DLP is

I will say actually it is of mutual benefit

I will say actually it is of mutual benefit

both contractors and the owner

both contractors and the owner

why is it so

why is it so

because it gives additional rights and obligations

because it gives additional rights and obligations

we should require the contractor to undertake

we should require the contractor to undertake

additional works to rectify the defects

additional works to rectify the defects

which appear within a defined time after completion

which appear within a defined time after completion

usually without additional payment

usually without additional payment

so and also

so and also

the employer will be benefited as well

the employer will be benefited as well

so they they would have

so they they would have

they would let have the defects rectify

they would let have the defects rectify

without the need of engage and pay

without the need of engage and pay

at the party to come in and do the repair

at the party to come in and do the repair

the contractor will be entitled to carry out the

the contractor will be entitled to carry out the

defects himself also

defects himself also

and to reimburse the cost to the employer

and to reimburse the cost to the employer

of having it done by others

of having it done by others

just usually

just usually

when you ask the party to come in

when you ask the party to come in

it will be more costly

it will be more costly

rather than you do it yourself for the

rather than you do it yourself for the

for the contractor

for the contractor

so I I will

so I I will

I would say that this is actually a mutual benefit

I would say that this is actually a mutual benefit

to both the owner and on the under contractor

to both the owner and on the under contractor

however the DLP will not

however the DLP will not

will not deprive of an employer's rights

will not deprive of an employer's rights

to claim for damages arising from the defect beefwards

to claim for damages arising from the defect beefwards

so let's say

so let's say

for example

for example

after the DLP

after the DLP

there the defects are still not rectify but uh

there the defects are still not rectify but uh

the the employer will have the right

the the employer will have the right

we still have the rights

we still have the rights

to claim against the contractor for the defective works

to claim against the contractor for the defective works

so it is not say that after the DLP

so it is not say that after the DLP

you can't do anything to the contractor

you can't do anything to the contractor

no that that is not the way

no that that is not the way

but as long as it's within the limitation period

but as long as it's within the limitation period

which is um

which is um

the statutory period for you to initiate a claim

the statutory period for you to initiate a claim

because you can simply say that hey

because you can simply say that hey

I want to start a claim

I want to start a claim

which happened maybe 10 years ago

which happened maybe 10 years ago

12 years ago and so on

12 years ago and so on

so actually

so actually

I would explain later

I would explain later

there is a statutory limit of time uh

there is a statutory limit of time uh

for you to initiate and action

for you to initiate and action

so as long as it's within this statutory limit of time

so as long as it's within this statutory limit of time

which we call it limitation period

which we call it limitation period

the owners actually allow to initiate claim

the owners actually allow to initiate claim

against their contractors

against their contractors

even though the DRP has acts has lapse

even though the DRP has acts has lapse

so the insurance of the certificate of fitness

so the insurance of the certificate of fitness

or the certificate of completion and Compliance

or the certificate of completion and Compliance

C F or C C C

C F or C C C

does not necessarily

does not necessarily

mean that all the specifications of the

mean that all the specifications of the

building plan has been complete

building plan has been complete

and I explained earlier

and I explained earlier

the expiry of DLP does not preclude employer

the expiry of DLP does not preclude employer

from recovering any damages

from recovering any damages

for the effects that only manifested themself

for the effects that only manifested themself

after the set period

after the set period

as long as the claim is brought within

as long as the claim is brought within

the statutory limitation period

the statutory limitation period

this is what I explained earlier okay

this is what I explained earlier okay

and if the employer without a good reason

and if the employer without a good reason

if they refuse to allow the contractor to access

if they refuse to allow the contractor to access

to rectify the defects during the LP

to rectify the defects during the LP

that will be a breach of the DLP clause

that will be a breach of the DLP clause

and such breach is relevant to the quantum of damages

and such breach is relevant to the quantum of damages

recoverable person to his duty to medicate the damages

recoverable person to his duty to medicate the damages

if that happens without any reasonable excuse why

if that happens without any reasonable excuse why

you are disallowing the contractors to come into repair

you are disallowing the contractors to come into repair

and then the contractor will not be liable

and then the contractor will not be liable

to pay for the full cost of repair

to pay for the full cost of repair

Indian of the day

Indian of the day

yes I think that is quite common in the industry

yes I think that is quite common in the industry

where the relationship turns sour

where the relationship turns sour

then the the main con

then the the main con

the the the

the the the

the owner or the employee will generate this

the owner or the employee will generate this

allow the contractor to come in

allow the contractor to come in

but in fact

but in fact

that is a we

that is a we

if that is without a reasonable

if that is without a reasonable

a good reason

a good reason

it is of this advantage for the owner or the employer

it is of this advantage for the owner or the employer

actually right

actually right

so I advise not to do that

so I advise not to do that

okay and secondly

okay and secondly

the defects are of such

the defects are of such

such nature

such nature

that employer has a good reason

that employer has a good reason

lost confidence

lost confidence

in the contractors ability to rectify the defect

in the contractors ability to rectify the defect

a decision to use other contractor and not

a decision to use other contractor and not

to use the rights under the RP class will usually

to use the rights under the RP class will usually

not be a breach

not be a breach

and the cost input are usually recoverable

and the cost input are usually recoverable

so what are the good reasons that you can use

so what are the good reasons that you can use

to stop the contractors from coming in to repair

to stop the contractors from coming in to repair

let's say for example

let's say for example

I have for the same

I have for the same

same defect there

same defect there

there is a crack

there is a crack

or there's a foot

or there's a foot

foot in the machineries I have

foot in the machineries I have

I am the employer

I am the employer

I asked the contractor to come in to repair one time

I asked the contractor to come in to repair one time

two times 3 4

two times 3 4

5 after many

5 after many

many times of repair

many times of repair

still fail to rectify the defect to my satisfaction

still fail to rectify the defect to my satisfaction

not to say to my satisfaction

not to say to my satisfaction

I think that is a very general term to use um

I think that is a very general term to use um

fail to rectify the defects

fail to rectify the defects

I mean the the missionary couldn't work as

I mean the the missionary couldn't work as

as per what you have offered in the first place

as per what you have offered in the first place

then the owner or the employer is allowed to argue

then the owner or the employer is allowed to argue

to say that

to say that

I have lost confidence towards the contractor

I have lost confidence towards the contractor

so that's why I'm going to use my own way to rectify it

so that's why I'm going to use my own way to rectify it

I'm going to get a tapati coming to check

I'm going to get a tapati coming to check

and then to rectify it

and then to rectify it

the cost I'm going to reimburse against the contractor

the cost I'm going to reimburse against the contractor

and in the event

and in the event

if the employer instructed

if the employer instructed

the contractor to rectify a defect within the DLP

the contractor to rectify a defect within the DLP

but the contractor fails or refuse to do so

but the contractor fails or refuse to do so

employer will be entitled to recover damages

employer will be entitled to recover damages

for the cost of having their

for the cost of having their

defects rectified by the party unless

defects rectified by the party unless

unless repair is an unreasonable cost to take

unless repair is an unreasonable cost to take

so how do we actually define unreasonable cost

so how do we actually define unreasonable cost

it is actually

it is actually

I would say

I would say

a case to case basis

a case to case basis

for example the

for example the

let's say we're talking about swimming pool

let's say we're talking about swimming pool

talking about the palm

talking about the palm

let's say the repair of the palm will cost maybe

let's say the repair of the palm will cost maybe

let's say 50,000

let's say 50,000

but if to repair

but if to repair

if to replace

if to replace

the whole thing would only cost less than that

the whole thing would only cost less than that

35,000 40,000

35,000 40,000

I don't know

I don't know

then we will say that the repair will be

then we will say that the repair will be

unreasonable cost to take

unreasonable cost to take

of course we

of course we

besides the quantum

besides the quantum

which is the cost involved

which is the cost involved

we should also take into account of other factors

we should also take into account of other factors

such as maybe the uh

such as maybe the uh

the inconvenience

the inconvenience

cost to the public

cost to the public

inconvenience

inconvenience

cost to the users

cost to the users

and all that

and all that

those are the factors that will be

those are the factors that will be

taken into consideration by the court

taken into consideration by the court

Indian of the day

Indian of the day

so I say is a case to case basis

so I say is a case to case basis

is very hard to just say that or

is very hard to just say that or

this is reasonable design

this is reasonable design

reasonable so

reasonable so

in the other Navy

in the other Navy

we still need to judge each of the factors separately

we still need to judge each of the factors separately

to come to a conclusion

to come to a conclusion

and it is also important

and it is also important

to give notice to the contractors

to give notice to the contractors

so person to the terms of the construction contracts

so person to the terms of the construction contracts

notice is very important I must

notice is very important I must

I must rest here

I must rest here

mean always keep your documentations properly

mean always keep your documentations properly

give proper notice according to the agreement

give proper notice according to the agreement

let's say in the agreement

let's say in the agreement

it says that the notification

it says that the notification

should be given by way of a registered post

should be given by way of a registered post

then do it that way

then do it that way

best is to get acknowledgement from the

best is to get acknowledgement from the

from the contractors

from the contractors

always keep your documentations

always keep your documentations

because we face a lot difficulties

because we face a lot difficulties

in a lot of our cases

in a lot of our cases

where there are no documentations at all

where there are no documentations at all

so in your day

so in your day

you have to dig back

you have to dig back

like WhatsApp and all that and that

like WhatsApp and all that and that

that is a bit difficult

that is a bit difficult

it would be best if you could ask a runner to send it

it would be best if you could ask a runner to send it

and then get an acknowledgement from the contractors

and then get an acknowledgement from the contractors

then that serves as a sufficient notice

then that serves as a sufficient notice

then the burden shifts to them to come and say that hey

then the burden shifts to them to come and say that hey

I did not receive that

I did not receive that

but this is the acknowledgement

but this is the acknowledgement

so they can run from there

so they can run from there

so documentation is very important

so documentation is very important

please please

please please

very important

very important

take note of all the documentations for

take note of all the documentations for

just in case anything would happen

just in case anything would happen

we don't know okay

we don't know okay

okay so I think I'm done with the DRP part

okay so I think I'm done with the DRP part

I'm gonna talk next about limitation period

I'm gonna talk next about limitation period

just now I have mentioned

just now I have mentioned

there will be a statutory period of time for you

there will be a statutory period of time for you

for you to initiate an action

for you to initiate an action

so that is what we call as a limitation period

so that is what we call as a limitation period

so this is governed by

so this is governed by

Section 6 1 of the Limitation Act 1953

Section 6 1 of the Limitation Act 1953

this he says

this he says

that an actions founded on contract are on Tod

that an actions founded on contract are on Tod

contract or taught okay

contract or taught okay

provides that acclaim brought at expiration

provides that acclaim brought at expiration

expiration of six years

expiration of six years

from the date on which the course of action is a truth

from the date on which the course of action is a truth

is time back

is time back

so in plain words it is

so in plain words it is

uh you have

uh you have

uh limitation period of 6 years

uh limitation period of 6 years

from the death of the breach

from the death of the breach

which is the what

which is the what

what is saying here is the cause of action

what is saying here is the cause of action

a crude it means uh breach

a crude it means uh breach

so when is the bridge happening

so when is the bridge happening

then it will be from

then it will be from

6 years from the date of the bridge

6 years from the date of the bridge

you can bring your action after six years

you can bring your action after six years

too bad you can't

too bad you can't

you can't bring an action anymore

you can't bring an action anymore

so that is what is Section 6 1 is talking about

so that is what is Section 6 1 is talking about

let me give you an example would be

let me give you an example would be

let's say I

let's say I

I am the I am the owner

I am the I am the owner

okay and you are the contractors

okay and you are the contractors

and get you I

and get you I

I've engage you to uh

I've engage you to uh

do a repair for the swimming pool

do a repair for the swimming pool

and if you are sending your invoice to me

and if you are sending your invoice to me

let's say dated today 2nd of August

let's say dated today 2nd of August

and I did not pay for it

and I did not pay for it

that is a breach on my part

that is a breach on my part

the owners breach of non payment of the

the owners breach of non payment of the

of the invoice issued by the contractor so the the

of the invoice issued by the contractor so the the

the breach occurs as of the date of the invoices

the breach occurs as of the date of the invoices

or there is

or there is

let's say 30 days period of payment

let's say 30 days period of payment

then uh that will be from the lapse of 30 days

then uh that will be from the lapse of 30 days

I fail to pay

I fail to pay

there will be the date

there will be the date

where the cost of action is a crew

where the cost of action is a crew

this is where the bridge offers

this is where the bridge offers

so and then you're

so and then you're

as the contractor

as the contractor

you will have six years

you will have six years

from that particular day of breach

from that particular day of breach

to bring an action against me as the owner

to bring an action against me as the owner

but if your fails to bring an action from

but if your fails to bring an action from

for that 6 years

for that 6 years

then too bad you

then too bad you

you can you can

you can you can

you can bring your action against me anymore

you can bring your action against me anymore

unless there is a acknowledgement of depth in between

unless there is a acknowledgement of depth in between

and then the six years will refresh

and then the six years will refresh

from the date of acknowledgement

from the date of acknowledgement

let's say we're talking about

let's say we're talking about

let's say the date of bridge is today

let's say the date of bridge is today

2nd of August 2023

2nd of August 2023

in between let's say you have six years

in between let's say you have six years

there will be until 1st of August 2029

there will be until 1st of August 2029

is it six years yeah 2029

is it six years yeah 2029

so in between

so in between

let's say in 2025

let's say in 2025

you issue a letter to chase for payment

you issue a letter to chase for payment

and I reply to that letter

and I reply to that letter

say that we

say that we

we are we we we

we are we we we

we know there such that

we know there such that

alright and we

alright and we

we need some time to prepare for the payment

we need some time to prepare for the payment

can you allow us to make a 6 months

can you allow us to make a 6 months

install money and so on

install money and so on

that constitutes an acknowledgement of that

that constitutes an acknowledgement of that

then from the date of the letter

then from the date of the letter

with that I send out to you to acknowledge the debt

with that I send out to you to acknowledge the debt

the six years will refresh from the essay is from 2025

the six years will refresh from the essay is from 2025

I acknowledge the debt

I acknowledge the debt

then the limitation will be extended six years

then the limitation will be extended six years

from 2025 to 2031

from 2025 to 2031

for example

for example

okay so this is uh

okay so this is uh

limitation Pierrela okay

limitation Pierrela okay

yes Mister Lawrence

yes Mister Lawrence

can I ask you that questions uh

can I ask you that questions uh

what is you saying

what is you saying

the acknowledgement by the um

the acknowledgement by the um

the forting party

the forting party

the forting party yes

the forting party yes

what if you have been sending the statements

what if you have been sending the statements

or sending the uh

or sending the uh

statement can I say that is one of the even then

statement can I say that is one of the even then

second thing is

second thing is

what if you send a statement or send a letter

what if you send a statement or send a letter

they are ignorance without reply

they are ignorance without reply

then that does not

then that does not

that does not

that does not

constitute to an acknowledgement of that

constitute to an acknowledgement of that

I'm talking about acknowledgement of that

I'm talking about acknowledgement of that

meaning that I admit that it's actually that like

meaning that I admit that it's actually that like

like the example I give you just now

like the example I give you just now

when you send your statement to me

when you send your statement to me

chase for payment

chase for payment

I reply to debt

I reply to debt

there's a reply need debt from me

there's a reply need debt from me

I reply to the answer that we have a Bill difficulties

I reply to the answer that we have a Bill difficulties

right can we propose a six money installment

right can we propose a six money installment

and so on all right

and so on all right

that will constitute an acknowledgement of that

that will constitute an acknowledgement of that

but if I just ignore you

but if I just ignore you

that would not

that would not

would not constitute an acknowledgement of that

would not constitute an acknowledgement of that

okay so the No.

okay so the No.

1 rules is that always the action within the period

1 rules is that always the action within the period

if exits the period

if exits the period

it is quite difficult

it is quite difficult

I will say okay

I will say okay

okay like explain just now cause of actions a cruise

okay like explain just now cause of actions a cruise

from the date of breach of his contractor obligation

from the date of breach of his contractor obligation

for example

for example

the non payment okay

the non payment okay

or when the employer suffers damages

or when the employer suffers damages

from the commission of the Tar

from the commission of the Tar

and say for example

and say for example

the negligence

the negligence

if a negligence

if a negligence

then you have to determinela is a case by case basis

then you have to determinela is a case by case basis

as to when is the breach occurring okay

as to when is the breach occurring okay

after limitation period

after limitation period

I'm going to talk about later defects

I'm going to talk about later defects

so what is Layton defect

so what is Layton defect

Layton defects are potential invisible thoughts

Layton defects are potential invisible thoughts

that are not have been identified

that are not have been identified

true general inspection

true general inspection

usually caused by improper design

usually caused by improper design

poor workmanship or construction material problems

poor workmanship or construction material problems

and usually

and usually

can only be found after several years of occupancy

can only be found after several years of occupancy

or long after the DRP has expired

or long after the DRP has expired

um what kind of example I can give is that uh

um what kind of example I can give is that uh

totally catch

totally catch

after several years

after several years

maybe I after I took my keys

maybe I after I took my keys

after I say that the RP is expired

after I say that the RP is expired

after 2 years all right

after 2 years all right

let's say 4 years or 5 years

let's say 4 years or 5 years

suddenly one day up

suddenly one day up

water leakage

water leakage

so who should be responsible

so who should be responsible

and this this type of defects

and this this type of defects

these are what we call as latent effects

these are what we call as latent effects

in before the DRP expires

in before the DRP expires

actually you don't know there are such

actually you don't know there are such

such defect actually

such defect actually

but it will only comes out after a few years

but it will only comes out after a few years

so this is the general

so this is the general

definition for latent effects okay hidden one okay

definition for latent effects okay hidden one okay

um there is uh

um there is uh

I think okay

I think okay

there is an amendment come in because uh

there is an amendment come in because uh

last time lie

last time lie

I have explained just now

I have explained just now

is that you have only six years from the date of the

is that you have only six years from the date of the

breach to bring an action

breach to bring an action

so last time the

so last time the

we we face a lot of difficulties when

we we face a lot of difficulties when

they are latent defects

they are latent defects

which are found only after the

which are found only after the

limitation period of 6 years

limitation period of 6 years

so that that bring difficulties to

so that that bring difficulties to

to actually recover the damages

to actually recover the damages

so and hence

so and hence

I think the

I think the

legislative body hurt about this and all that they

legislative body hurt about this and all that they

they come in and then they do a

they come in and then they do a

make an amendment to the limitation act

make an amendment to the limitation act

from the six years um

from the six years um

to come up with a Limitation Amendment Act 2018 so this

to come up with a Limitation Amendment Act 2018 so this

this amendment to put it in plain words

this amendment to put it in plain words

it says that starting date of calculation

it says that starting date of calculation

of the period of limitation

of the period of limitation

additional 3 years from the date of discovery from the

additional 3 years from the date of discovery from the

of the defects

of the defects

but should not exit

but should not exit

15 years from the death of the cause of action of truth

15 years from the death of the cause of action of truth

remember this partner

remember this partner

and it is not apply retrospectively

and it is not apply retrospectively

so meaning that is

so meaning that is

after the come into force on 1st September 2019

after the come into force on 1st September 2019

for the agreements after 1st September 2019

for the agreements after 1st September 2019

only this will applies

only this will applies

it does not apply retrospectively

it does not apply retrospectively

and does not apply to the proceedings commence

and does not apply to the proceedings commence

of pending immediately before this day

of pending immediately before this day

so I go back to the graph

so I go back to the graph

okay like I say

okay like I say

remember it is an additional three years

remember it is an additional three years

from the date of discovery of defects

from the date of discovery of defects

but shall not exceed 15 years from the date

but shall not exceed 15 years from the date

the cause of action accruit

the cause of action accruit

so let me get back to this diagram

so let me get back to this diagram

which I found it very useful

which I found it very useful

to explain about this concept

to explain about this concept

so if you if can see

so if you if can see

there are four scenarios here

there are four scenarios here

a B C and D

a B C and D

and they all bought a house from the developer

and they all bought a house from the developer

let's see in 22 year 2000

let's see in 22 year 2000

you can you can

you can you can

can see there year 2000

can see there year 2000

all four of them

all four of them

they bought the house in 2000 year 2000

they bought the house in 2000 year 2000

and the defects all could determine by the consultant

and the defects all could determine by the consultant

all right so

all right so

let's say there is a

let's say there is a

there's a water leakage

there's a water leakage

I have to get a consultant and expert come in

I have to get a consultant and expert come in

to do a test to determine when does this occur

to do a test to determine when does this occur

all right so

all right so

scenario a B and C

scenario a B and C

defects okay

defects okay

on the 2002 scenario a

on the 2002 scenario a

I bought a house in year 2000

I bought a house in year 2000

all right I discovered a defects in year 2,000 and ten

all right I discovered a defects in year 2,000 and ten

so it is already 10 years apart

so it is already 10 years apart

all right year 2010

all right year 2010

I discovered a defect

I discovered a defect

I I asked consultant expert to come in and check

I I asked consultant expert to come in and check

so it was found out that actually

so it was found out that actually

the defects already start from 2002

the defects already start from 2002

so with the usual limitation period six years

so with the usual limitation period six years

which I mentioned just now

which I mentioned just now

before the amendment scenario a

before the amendment scenario a

the purchaser will not be able to bring an action

the purchaser will not be able to bring an action

because why

because why

defects occur

defects occur

actually on 2,002

actually on 2,002

six years 2,008

six years 2,008

limitation period already lapse

limitation period already lapse

but he only found out about this in 2010

but he only found out about this in 2010

so with the amendment

so with the amendment

with the limitation amendment come into place

with the limitation amendment come into place

he can now get additional three years

he can now get additional three years

to find action in court

to find action in court

if you look at the first

if you look at the first

first graph

first graph

scenario a after 2,010

scenario a after 2,010

he will be allowed to find action

he will be allowed to find action

within three years from the debt of discovery

within three years from the debt of discovery

so you can see the effect of the amendment

so you can see the effect of the amendment

by right before the amendment

by right before the amendment

he would not be able to bring action

he would not be able to bring action

because the limitation expires in 2,008 6 years

because the limitation expires in 2,008 6 years

man from 2,002 6 years

man from 2,002 6 years

suppose already expired

suppose already expired

but with the memmon come into place

but with the memmon come into place

now he has additional 2 years

now he has additional 2 years

from the date of discovery of late and defect

from the date of discovery of late and defect

so okay scenario a clear all right

so okay scenario a clear all right

scenario B and C

scenario B and C

quite similar

quite similar

okay I bought the house in 2000

okay I bought the house in 2000

I found the defects in 2005 and 2006

I found the defects in 2005 and 2006

all right and

all right and

defects after inspection actually occur in 2002

defects after inspection actually occur in 2002

so I I still have 3 years

so I I still have 3 years

from the date of discovery of latent defects

from the date of discovery of latent defects

to find action

to find action

okay there will be from 2006

okay there will be from 2006

I discovered

I discovered

I have until 2009 to find action

I have until 2009 to find action

same for c 2005

same for c 2005

I found out I still have until 2008 to find action

I found out I still have until 2008 to find action

but this two actually it wouldn't explains the

but this two actually it wouldn't explains the

it wouldn't be able to explains the m m s

it wouldn't be able to explains the m m s

as good as scenario ala

as good as scenario ala

I think scenario is the clearest

I think scenario is the clearest

alright so scenario d

alright so scenario d

why is it cannot commence action

why is it cannot commence action

because there is a 15 years limitation period

because there is a 15 years limitation period

even though there is already an amendment

even though there is already an amendment

they they still have a 15 years of limit

they they still have a 15 years of limit

so senority is that I bought a house 2000

so senority is that I bought a house 2000

I found out about the defects in 2017

I found out about the defects in 2017

oh that that's quite some time

oh that that's quite some time

17 years after staying

17 years after staying

I found that there is a water leakage alright

I found that there is a water leakage alright

and I get an expert to come in

and I get an expert to come in

they say oh

they say oh

actually the defects happen in 2,001

actually the defects happen in 2,001

but I cannot bring an action

but I cannot bring an action

because already exit 15 years limit

because already exit 15 years limit

so the the 15 years limit from the date of breach

so the the 15 years limit from the date of breach

let's say for scenario d

let's say for scenario d

will be 2016

will be 2016

if I found out earlier

if I found out earlier

I can I can bring an action

I can I can bring an action

but too bad

but too bad

there's a 15 years limit from the

there's a 15 years limit from the

from the debt of the bridge line

from the debt of the bridge line

so pretty simple

so pretty simple

15 years there's a limit

15 years there's a limit

cause sometimes in my

cause sometimes in my

in my due to wear and pair and so on

in my due to wear and pair and so on

but this is what act has provide

but this is what act has provide

it still does not guarantee to say that hey you

it still does not guarantee to say that hey you

you you can

you you can

you can find action

you can find action

even though you found there's a latent effect

even though you found there's a latent effect

because there's a 15 years period of limitation for

because there's a 15 years period of limitation for

for this okay

for this okay

okay about this

okay about this

this is the Jesus of the explanation of the main man

this is the Jesus of the explanation of the main man

for the latent effects

for the latent effects

okay this I have went through just now

okay this I have went through just now

okay so now I'm going to talk about

okay so now I'm going to talk about

what are the factors

what are the factors

association with Layton defect claims

association with Layton defect claims

so uh how do we determine the starting date of uh

so uh how do we determine the starting date of uh

for the purpose of Section 6A is the uh

for the purpose of Section 6A is the uh

section is defined as the earliest date

section is defined as the earliest date

which the plaintiff

which the plaintiff

or any person

or any person

in whom the cost of action was bested before him first

in whom the cost of action was bested before him first

both the knowledge required to bring an action

both the knowledge required to bring an action

for damages in respect of the relevant damage

for damages in respect of the relevant damage

and also a right of bring such such action so the

and also a right of bring such such action so the

the parties must have both the knowledge of

the parties must have both the knowledge of

required to bring an action

required to bring an action

and also a right to bring in such an action

and also a right to bring in such an action

a right meaning that statutory right

a right meaning that statutory right

within the limitation period

within the limitation period

and also the knowledge law okay

and also the knowledge law okay

so I will explain a little bit about this knowledge

so I will explain a little bit about this knowledge

um how do you determine that you shall have

um how do you determine that you shall have

the knowledge that you can bring in action

the knowledge that you can bring in action

so in the actually

so in the actually

it defines that this knowledge

it defines that this knowledge

actually means the material facts about the damage

actually means the material facts about the damage

in respect of which the damage are claim

in respect of which the damage are claim

meeting important facts about the

meeting important facts about the

let's say that it is a water leakage

let's say that it is a water leakage

then you must know that

then you must know that

all right there is a water leakage over the ceiling

all right there is a water leakage over the ceiling

all right b

all right b

other facts relevant to the current action

other facts relevant to the current action

is that the damages was

is that the damages was

a tree buildable in hole

a tree buildable in hole

or in part to the air or mission

or in part to the air or mission

which alleged to constant negligence

which alleged to constant negligence

secondly identity of the defendant

secondly identity of the defendant

and thirdly

and thirdly

if it is alleged that the act or omission

if it is alleged that the act or omission

was that of a person other than the defendant

was that of a person other than the defendant

the identity of that person

the identity of that person

and the addition affects supporting

and the addition affects supporting

the bringing of an action against the defendant

the bringing of an action against the defendant

here this is a bit long

here this is a bit long

okay uh how do we say I explain this part

okay uh how do we say I explain this part

so for example

so for example

the defects might be due to more than one parties

the defects might be due to more than one parties

so let's say the defects might be due to the one

so let's say the defects might be due to the one

who applies the workmanship

who applies the workmanship

the contractor for the workmanship contractor

the contractor for the workmanship contractor

and it might be due to the users

and it might be due to the users

okay let's say someone go and

okay let's say someone go and

let's say swimming pool leakage

let's say swimming pool leakage

some user go and hit the palm

some user go and hit the palm

or hit the wall or something

or hit the wall or something

and eventually it caused the damages so um

and eventually it caused the damages so um

when when discount factors come in

when when discount factors come in

when there are more than one parties so um

when there are more than one parties so um

you you you

you you you

you need to have knowledge about it

you need to have knowledge about it

so let's say the

so let's say the

the is the example that I mentioned earlier

the is the example that I mentioned earlier

if there is a

if there is a

there's a user accidentally hit the palm or something

there's a user accidentally hit the palm or something

and causing the leakage

and causing the leakage

and these are the effects that the

and these are the effects that the

the one that wish to take action they

the one that wish to take action they

they should know about this

they should know about this

so this is the the what

so this is the the what

what the knowledge means in section 6

what the knowledge means in section 6

ala okay you

ala okay you

so includes the knowledge which the plaintiff

so includes the knowledge which the plaintiff

or any person in whom the cause of action

or any person in whom the cause of action

was bested before him

was bested before him

my reasonably have been expected to acquire

my reasonably have been expected to acquire

from facts observable or ascertainable by him

from facts observable or ascertainable by him

or from facts ascendable ascertainable by him

or from facts ascendable ascertainable by him

with the help of appropriate expert advice

with the help of appropriate expert advice

which is reasonable for him to to see

which is reasonable for him to to see

like I said

like I said

if I see a leakage I

if I see a leakage I

I reasonably should ask expert to come in

I reasonably should ask expert to come in

to check who is causing the damages

to check who is causing the damages

and okay

and okay

but the plaintiff okay

but the plaintiff okay

but the plaintiff or the person in which

but the plaintiff or the person in which

the cause of action was vaster before him

the cause of action was vaster before him

shall not be limited sorry

shall not be limited sorry

under this paragraph

under this paragraph

to knowledge of effect as a number only

to knowledge of effect as a number only

with the help of an extra advice

with the help of an extra advice

so long he has taken all reasonable steps to obtain and

so long he has taken all reasonable steps to obtain and

where appropriate

where appropriate

to act on that advice

to act on that advice

so it is always best to get an expert to come in to

so it is always best to get an expert to come in to

to inspect who should be responsible

to inspect who should be responsible

because this very important piece of evidence

because this very important piece of evidence

in a courtsuit we

in a courtsuit we

we always get expert to come in

we always get expert to come in

because they are the expert

because they are the expert

we are not we we

we are not we we

we are we are

we are we are

we are in we are the court expert

we are in we are the court expert

but in determine the particular defects

but in determine the particular defects

let's say if a swimming pool

let's say if a swimming pool

for example

for example

I will get Kevin to come in

I will get Kevin to come in

because he is the expert in that he

because he is the expert in that he

he will be able to identify who is the person

he will be able to identify who is the person

that cost the damages

that cost the damages

for example

for example

maybe the bomb has an issue about it

maybe the bomb has an issue about it

the workmanship has an issue about it

the workmanship has an issue about it

he he will be the expert to testify in court

he he will be the expert to testify in court

to excellent

to excellent

to the judge

to the judge

to say that

to say that

I am expert of 20 years in swimming pool industry

I am expert of 20 years in swimming pool industry

and so on so

and so on so

after my inspection

after my inspection

it was actually

it was actually

the damages were actually caused by the pump

the damages were actually caused by the pump

then the pump

then the pump

the pump guy will be

the pump guy will be

will be libel

will be libel

or caused by the workmanship

or caused by the workmanship

okay then the workmanship contractor will be libel

okay then the workmanship contractor will be libel

so these are the

so these are the

these are the advice I will give

these are the advice I will give

like is best to get expert to come in

like is best to get expert to come in

whenever you are in court

whenever you are in court

so what are the remedies available

so what are the remedies available

in case there's a damages

in case there's a damages

what can you claim

what can you claim

uh remedies are actually usually tree fault

uh remedies are actually usually tree fault

okay uh No. 1 is to recover damages from the contractor

okay uh No. 1 is to recover damages from the contractor

to the extent that those damages can be proof

to the extent that those damages can be proof

secondly to require contractor to repair

secondly to require contractor to repair

the defective works

the defective works

and thirdly

and thirdly

more extreme one

more extreme one

is to reject the work performed by the contractor

is to reject the work performed by the contractor

and have it remove

and have it remove

so these are the generally

so these are the generally

what are the damages available for

what are the damages available for

for the owner and employer

for the owner and employer

for example uh

for example uh

let's say um

let's say um

in a swimming pool in Sweden um

in a swimming pool in Sweden um

I build a pool the

I build a pool the

but the palm was uh

but the palm was uh

defective for example

defective for example

all I think I change a little bit my example

all I think I change a little bit my example

okay for scenario a

okay for scenario a

I would say that one example is that let's say I

I would say that one example is that let's say I

today I'm the owner

today I'm the owner

I wanted a pool of 7 feet

I wanted a pool of 7 feet

but it came out to be only 6 feet

but it came out to be only 6 feet

so I want my damages

so I want my damages

the cob will go again with

the cob will go again with

the cob will then

the cob will then

inspect what

inspect what

whether the 6 feet pool is usable

whether the 6 feet pool is usable

so then the cop will come up with a calculation

so then the cop will come up with a calculation

on the damages between um

on the damages between um

the 6 feet pool and the 7 7 feet pool

the 6 feet pool and the 7 7 feet pool

which I requested for

which I requested for

and your compensate in the form of monetary damages

and your compensate in the form of monetary damages

that is what I will explain for scenario A

that is what I will explain for scenario A

and b is for example

and b is for example

let's say the palm is defective

let's say the palm is defective

the palm of the stream is defective

the palm of the stream is defective

what are the images I wanna claim

what are the images I wanna claim

I want to get the contractor to repair

I want to get the contractor to repair

until it is fully functioned

until it is fully functioned

as what you have offered in the first place

as what you have offered in the first place

so uh remedies b will be to repair

so uh remedies b will be to repair

remedies c will be to reject the work perform

remedies c will be to reject the work perform

uh that is uh

uh that is uh

usually I would say

usually I would say

a bit more extremely

a bit more extremely

to the extent that it is totally unacceptable

to the extent that it is totally unacceptable

and the court is convincing the way that

and the court is convincing the way that

okay uh this is

okay uh this is

this is not acceptable

this is not acceptable

this is not what you have requested

this is not what you have requested

and what you have contracted in

and what you have contracted in

in the first place

in the first place

then the cop will allow Remer DC

then the cop will allow Remer DC

okay

okay

remedies to require the contractor

remedies to require the contractor

to repair the defective words

to repair the defective words

may be given by the courts

may be given by the courts

when the plenty have failed to lead

when the plenty have failed to lead

any evidence of the damage suffered or the cost of the

any evidence of the damage suffered or the cost of the

rectification works

rectification works

and the usual remedies is damages

and the usual remedies is damages

like I said

like I said

usually is monetary damages that we are seeking

usually is monetary damages that we are seeking

that is in I think most of the cases

that is in I think most of the cases

the purpose is to compensate the owner for its loss

the purpose is to compensate the owner for its loss

okay as to ensure the owner is paid enough money

okay as to ensure the owner is paid enough money

to put in the position it will be have been in

to put in the position it will be have been in

had the contract have been performed

had the contract have been performed

according to session 74 of the contract x 1950

according to session 74 of the contract x 1950

so use your remedy that we will sort in court

so use your remedy that we will sort in court

is monetary damages

is monetary damages

instead of getting the option B or option C

instead of getting the option B or option C

sometimes option C

sometimes option C

rarely we ask for option B

rarely we ask for option B

like because usually the relationship turns

like because usually the relationship turns

our confidence has lost we the

our confidence has lost we the

the owner usually will not use back the same guy again

the owner usually will not use back the same guy again

so usually what we ask for general is monetary damages

so usually what we ask for general is monetary damages

option A or more extreme option C

option A or more extreme option C

so uh how is the damages uh

so uh how is the damages uh

how are damages being assessed

how are damages being assessed

so damages are usually calculated on the basis

so damages are usually calculated on the basis

of the cost of repairing the defects

of the cost of repairing the defects

to the standard required by the construction contract

to the standard required by the construction contract

provided that a repair

provided that a repair

is a reasonable cost of action to take so um

is a reasonable cost of action to take so um

it is always important

it is always important

to refer back to the construction contract

to refer back to the construction contract

so a proper contract is

so a proper contract is

like I said

like I said

always very important to have a proper contract

always very important to have a proper contract

to do the repair

to do the repair

so the court will

so the court will

go back and see the construction contract

go back and see the construction contract

what is being offered

what is being offered

what is being contracted in

what is being contracted in

in the first place

in the first place

then only the

then only the

only to compensate the owner the

only to compensate the owner the

what are the cost needed to bring back to the position

what are the cost needed to bring back to the position

which they are contractor in

which they are contractor in

I given an example here

I given an example here

is that an English case of Raxley Electronics

is that an English case of Raxley Electronics

and construction limit against faucet

and construction limit against faucet

this is a 1996 case in the house of Lots UK

this is a 1996 case in the house of Lots UK

contractor constructed a swimming pool 6 feet depth

contractor constructed a swimming pool 6 feet depth

contrary to the owner's desire of 7 feet 6 inch so the

contrary to the owner's desire of 7 feet 6 inch so the

the house of lot actually disallowed the owners claim

the house of lot actually disallowed the owners claim

for cause of demolishing and reinstate the pool

for cause of demolishing and reinstate the pool

given that it is perfectly safe to die in

given that it is perfectly safe to die in

and only awarded a generous damages

and only awarded a generous damages

in the summer of 2005

in the summer of 2005

power so uh

power so uh

this is what I

this is what I

I say just now

I say just now

the cop will consider various factors

the cop will consider various factors

whether because

whether because

you know in a swimming pool you got Bill or six feet I

you know in a swimming pool you got Bill or six feet I

it is very hard for me to compensate you how how

it is very hard for me to compensate you how how

how am I going to reinstate back to 7 feet 6 inch

how am I going to reinstate back to 7 feet 6 inch

I can only demolish and then review again

I can only demolish and then review again

so that is a very extreme way of

so that is a very extreme way of

claiming I would say there's a very extreme remedies

claiming I would say there's a very extreme remedies

unless it is totally not usable

unless it is totally not usable

then only the court will award such remedies

then only the court will award such remedies

if not the cop will only award general damages

if not the cop will only award general damages

like in this case

like in this case

so like the case here is 6 feet against 7 feet 6 inch

so like the case here is 6 feet against 7 feet 6 inch

but if in the event it is extremely low

but if in the event it is extremely low

or extremely shallow

or extremely shallow

let's say is less

let's say is less

less than 6 feet or so

less than 6 feet or so

then the parties will need to convince the court

then the parties will need to convince the court

that it is not usable

that it is not usable

okay let's say I am more than 6 feet or so on

okay let's say I am more than 6 feet or so on

it's totally not usable for me

it's totally not usable for me

so this is what the court will consider

so this is what the court will consider

and what the parties should convince the court

and what the parties should convince the court

in the event of litigation

in the event of litigation

so uh the call

so uh the call

we always consider the issues of reasonableness

we always consider the issues of reasonableness

of proposed rectification works

of proposed rectification works

cause these affect specific matters

cause these affect specific matters

and invariably assess on a case by case basis

and invariably assess on a case by case basis

typically on the strength of the parties competing

typically on the strength of the parties competing

expert evidence

expert evidence

which is what I said earlier

which is what I said earlier

always bringing an expert to explain your case

always bringing an expert to explain your case

especially in a construction dispute

especially in a construction dispute

so the cop will consider the issue of reasonableness

so the cop will consider the issue of reasonableness

whether it is the rectification matters are reasonable

whether it is the rectification matters are reasonable

or if it is not

or if it is not

how do you going to convince the court

how do you going to convince the court

that total demolition is required

that total demolition is required

so there's where the experts should come in

so there's where the experts should come in

and explain to the court

and explain to the court

I will refer to one case in the reason

I will refer to one case in the reason

more reason years

more reason years

in this do I

in this do I

residency management corporation

residency management corporation

against ADC with Thomas and Jambaha another

against ADC with Thomas and Jambaha another

so this case

so this case

the high court actually considered

the high court actually considered

comprehensive and permanent repair solution

comprehensive and permanent repair solution

which involves a higher cost

which involves a higher cost

to be reasonable compared to another piece

to be reasonable compared to another piece

meal and temporary solutions to the defects

meal and temporary solutions to the defects

so uh I think

so uh I think

I think this is a very good case

I think this is a very good case

uh because usually when we say reasonableness what the

uh because usually when we say reasonableness what the

what we will compare is the cost

what we will compare is the cost

let's say rectification method a cost 10,000

let's say rectification method a cost 10,000

rectification method B cost 5,000

rectification method B cost 5,000

so as the as the owner you you

so as the as the owner you you

you have to take the lower cost of repair

you have to take the lower cost of repair

because you can simply get a

because you can simply get a

let's say it's the same method of repair you

let's say it's the same method of repair you

you can simply get a higher cost

you can simply get a higher cost

and then tries to claim from the defendant that

and then tries to claim from the defendant that

because that

because that

that would be unfair for the defendant

that would be unfair for the defendant

so this case actually is different

so this case actually is different

because the court

because the court

after listening to the expert

after listening to the expert

and consider all the factors

and consider all the factors

didn't mean that a permanent repair solution

didn't mean that a permanent repair solution

even though it involves higher cost

even though it involves higher cost

it is more reasonable compared to a piece meal

it is more reasonable compared to a piece meal

and temporary solutions which the defects

and temporary solutions which the defects

my uncle again in several years time

my uncle again in several years time

so this is a very good case

so this is a very good case

okay so what are the other basis of

okay so what are the other basis of

assessing the majors

assessing the majors

includes difference in course of

includes difference in course of

to the builder

to the builder

of the actual work done and work

of the actual work done and work

specify all the definition in value of the work

specify all the definition in value of the work

uh and be the definition uh

uh and be the definition uh

in value of the building so uh

in value of the building so uh

these are also the damages that the cop might award

these are also the damages that the cop might award

in the end of the day

in the end of the day

uh for example

uh for example

demination in value of the building will be

demination in value of the building will be

let's say I bought a house

let's say I bought a house

due to the defects

due to the defects

the property value has dropped tremendously let's say

the property value has dropped tremendously let's say

hundred thousand less than what should have been

hundred thousand less than what should have been

I mean let's say

I mean let's say

the transaction recall shows that this house should

the transaction recall shows that this house should

sells for in the range of averagely 600,000

sells for in the range of averagely 600,000

but due to the defects

but due to the defects

and causing a lot of defects to the

and causing a lot of defects to the

to the house

to the house

and I only managed to let's say

and I only managed to let's say

sell it for 400,000

sell it for 400,000

so this is a definition of value

so this is a definition of value

but of course

but of course

you must proof your case

you must proof your case

always need to submit with a strong proof of evidence

always need to submit with a strong proof of evidence

to convince the court

to convince the court

why is it so we

why is it so we

is that purely due to your

is that purely due to your

your purely due to the defect

your purely due to the defect

the definition

the definition

is it purely due to the defect

is it purely due to the defect

or there's other factors uh

or there's other factors uh

being considered

being considered

is it on is it the first offer that uh

is it on is it the first offer that uh

you get or there is five or six offers came in

you get or there is five or six offers came in

and all offer around the same price

and all offer around the same price

so those are the factors the court will consider in

so those are the factors the court will consider in

awarding damages

awarding damages

especially if you're talking about diminition in value

especially if you're talking about diminition in value

so that that there's very niche area

so that that there's very niche area

I would say

I would say

and owner who is claiming damages

and owner who is claiming damages

must produce cogen evidence that the cause of defect

must produce cogen evidence that the cause of defect

is plainly attributable to the contractor

is plainly attributable to the contractor

it is why I say just now like

it is why I say just now like

must show that it is purely due to the defects

must show that it is purely due to the defects

done by the contractor or so on

done by the contractor or so on

and it is purely by them

and it is purely by them

and if the if

and if the if

defect is due to lack of proper and regular maintenance

defect is due to lack of proper and regular maintenance

then the contractor will not be libel

then the contractor will not be libel

okay if it is a warrant

okay if it is a warrant

or it is due to lack of maintenance

or it is due to lack of maintenance

you didn't maintain it properly

you didn't maintain it properly

and then causing the damages

and then causing the damages

then the contractor might not be liable

then the contractor might not be liable

secondly the rectification cost involves better man

secondly the rectification cost involves better man

there should be a counter for

there should be a counter for

and factor into the assessment of damages

and factor into the assessment of damages

so what is better man

so what is better man

better man is uh

better man is uh

explain this way

explain this way

um let's say uh I have uh

um let's say uh I have uh

I have a car

I have a car

I want to do the

I want to do the

the car manufacturer did uh

the car manufacturer did uh

did something wrong with the

did something wrong with the

tyres or the rims

tyres or the rims

for example

for example

so I instead of changing back to the originals pack

so I instead of changing back to the originals pack

they say I initially I get 18 inch of the

they say I initially I get 18 inch of the

of the tyres

of the tyres

but instead of changing back to 18 inch

but instead of changing back to 18 inch

I want a bigger rims

I want a bigger rims

I buy for 19 inch rims

I buy for 19 inch rims

so and then

so and then

I wanted to claim this against the car manufacturers

I wanted to claim this against the car manufacturers

then it is a betterment

then it is a betterment

the court will consider

the court will consider

okay is you

okay is you

you are contractor for 18 inch

you are contractor for 18 inch

how come you

how come you

you trying to claim for 19 inch cost at this juncture

you trying to claim for 19 inch cost at this juncture

so this is a better man

so this is a better man

I will explain better man this way

I will explain better man this way

so that is not allow actually

so that is not allow actually

so the plaintiff should on

so the plaintiff should on

should reasonably me to get the losses also um

should reasonably me to get the losses also um

like for example

like for example

if there is a better way to do it

if there is a better way to do it

the repair lower cost of repair

the repair lower cost of repair

and providing the same solution or the

and providing the same solution or the

the same effect

the same effect

you should the plaintiff should mitigate the losses but

you should the plaintiff should mitigate the losses but

um by not simply just choose the most expensive

um by not simply just choose the most expensive

most premium type of services and all that

most premium type of services and all that

they should get quotes from different parties

they should get quotes from different parties

and then consider it

and then consider it

and then mitigate the losses

and then mitigate the losses

and not not just simply do that

and not not just simply do that

so uh in court case uh

so uh in court case uh

usually we will use a Scott schedule

usually we will use a Scott schedule

so Scott schedule is um

so Scott schedule is um

is a table in which the Clayman's case

is a table in which the Clayman's case

on livelihood and quantum is set up item by item

on livelihood and quantum is set up item by item

so and then the response is in another column

so and then the response is in another column

is an Excel I

is an Excel I

I did not bring an example today

I did not bring an example today

but it is very useful when

but it is very useful when

for one big project

for one big project

when it involves several

when it involves several

many many items

many many items

let's see what we have experienced before

let's see what we have experienced before

is that in the main project

is that in the main project

the whole project is promatic workmanship

the whole project is promatic workmanship

aircon drainage

aircon drainage

got house everything

got house everything

so we instead of explain one by one

so we instead of explain one by one

we will use Scott schedule

we will use Scott schedule

so we'll list our items by items

so we'll list our items by items

and then we say that these are attributable okay

and then we say that these are attributable okay

to the defendant

to the defendant

then what is the cost of repair

then what is the cost of repair

and then the defendant will respond to the scholarship

and then the defendant will respond to the scholarship

as well then it is much easier for the court

as well then it is much easier for the court

for everyone to take a look at that lie

for everyone to take a look at that lie

and main contractors who have various subcon

and main contractors who have various subcon

often encounter the challenge of abortioning

often encounter the challenge of abortioning

the rectification cost to those subcontractors

the rectification cost to those subcontractors

I think this is very common

I think this is very common

when you have more than one

when you have more than one

then is is is quite hard to

then is is is quite hard to

separate percentage

separate percentage

as of who is attributable 60% or 40%

as of who is attributable 60% or 40%

so that that

so that that

that is difficult

that is difficult

so it is therefore

so it is therefore

it is important to have proper records

it is important to have proper records

on the nature of the defects and the locations

on the nature of the defects and the locations

which the subcontractor cost the defects

which the subcontractor cost the defects

and the specific cost in rectifying the defects

and the specific cost in rectifying the defects

absence of such records may result

absence of such records may result

in the claims being dismissed for lack of proof

in the claims being dismissed for lack of proof

and only nominal damages awarded

and only nominal damages awarded

so uh like I have explained earlier

so uh like I have explained earlier

please keep your documentation properly

please keep your documentation properly

acknowledgement is very important

acknowledgement is very important

especially if you're talking about the effects uh

especially if you're talking about the effects uh

it's best that you always compile lease of the effects

it's best that you always compile lease of the effects

and get acknowledged by the contractors

and get acknowledged by the contractors

or the suppliers

or the suppliers

whosoever who should be responsible

whosoever who should be responsible

get them to acknowledge that you

get them to acknowledge that you

you will have a much better and easier case

you will have a much better and easier case

in the end of the dealer

in the end of the dealer

okay so this is the end of my presentation

okay so this is the end of my presentation

uh I I will not say that this is

uh I I will not say that this is

particularly for swimming pool

particularly for swimming pool

and this for all the construction cases

and this for all the construction cases

all sorts of construction contracts

all sorts of construction contracts

Pam and all that

Pam and all that

it will it will

it will it will

it will be useful for all the contract

it will be useful for all the contract

construction contracts

construction contracts

and not just purely for swimming pool

and not just purely for swimming pool

so in case you have any questions

so in case you have any questions

okay no questions we can proceed to breakfast

okay no questions we can proceed to breakfast

thank you thank you Mr Lawrence

thank you thank you Mr Lawrence

right please

right please

hanging there for to receive the gift of appreciation

hanging there for to receive the gift of appreciation