What ac­tion can be taken if the con­trac­tor is not per­form­ing its works ac­cord­ing to the ren­o­va­tion/build­ing con­tract?

Home & Decor (Malaysia) - - Renovation Tips -

If the con­trac­tor is not per­form­ing as agreed and ex­pected, im­me­di­ately com­mu­ni­cate your dis­sat­is­fac­tion to the con­trac­tor. Be pro­fes­sional about the mat­ter - state the short­com­ings and agree on a course of ac­tion to rem­edy the prob­lem. You may dis­cuss your griev­ances ver­bally, but al­ways the prob­lem, you should con­sider ter­mi­nat­ing the en­gage­ment. In such cir­cum­stances, ter­mi­nat­ing the con­tract is likely to save you more losses and de­lays in the long run. This would also be a good time to speak to a lawyer on your rights against the con­trac­tor and li­a­bil­i­ties that may arise from the ter­mi­na­tion. pay­ments are made and be­fore the re­ten­tion sum is re­leased.

In the event the con­trac­tor re­fuses to rec­tify the de­fects af­ter rea­son­able op­por­tu­nity is given, the owner can pro­ceed to en­gage an­other con­trac­tor (usu­ally called a 3rd party con­trac­tor) to fin­ish off and rec­tify what­ever is out­stand­ing. The cost of en­gag­ing the 3rd party con­trac­tor for that pur­pose can be set-off against any bal­ance out­stand­ing due to the orig­i­nal con­trac­tor or the re­ten­tion sum. In the event that the cost ex­ceeds the un­paid bal­ance, the dif­fer­ence can be de­manded and claimed from the orig­i­nal con­trac­tor.

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