Renovation gone bad

Posted by gum (404 days ago)

I have paid a contractor to renovate my new apartment. Not only were they late in handing over the apartment, the quality of work was pathetic. Imagine dirty, uneven bathroom tiles, cracked and swollen new bathroom doors, ugly patched up holes on tiles as a result of incorrect installation of bathroom accessories...etc etc etc.
They promise to rectify things. It has been 3 weeks now since we moved in. Everytime they come over, they fxxx things up even more.

What are my options. I have witheld their last 20% of payment hoping that would encourage them to speed up their work but now I have lost all confidence in them. Can I get someone else to come and fix things. Payment to be deducted from the money I am witholding? Can I insist the contractor to cough up the balance should the cost exceeds the amount that I am witholding. Thanks.

(I am based in Hong Kong)

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Posted by Saikunga (403 days ago)

Not sure other than withholding the last bit of money what else can be done.

I am currently going through renovations and it seems disaster after distaster happening - i am living in the house and watching what is happening everyday and so have averted a few disasters before they became unchangeable. I had one wall of glass blocks redone three times due to the poor workmanship and I another wall painted and plastered twice for the same reason, and today I am getting the painter to strip back the front door finish and redo it to a higher standard.

It seems they do a crappy job first to see if they can get away with it, and if they can - well good they have saved time - a but if they get pulled up on it they are happy to have another go - can't understand the mentality - do it right the first time and save time all round.

The problem will be for you that the cost of them coming around for fixing the problems will come down to not being worth the extra money for them to do it. So they won't come anymore and just write of the last 20% and not worry about fixing anything.

You can try to tell them they will not be getting their 20%, however, because they have done the work (albeit to a low standard)you may be obligated to pay. There is a consumer council you may be able to contact to discuss the problem.

http://www.consumer.org.hk/website/ws_en/complaints_and_advices/how_to_complain/howtocomplain.html

Tough situation.

(I am based in Hong Kong)

Posted by gum (403 days ago)

Thanks saikunga for your reply. I'll read up on the consumer council website.

Out of frustration, I sent the contractor a letter giving him a deadline to fix things failing which I'd get someone else to fix on his behalf, all cost to be borne by him. I also attached pictures of the defects with the letter and even copied in my lawyer. Let's see what his reaction is.

(I am based in Hong Kong)

Posted by ninalee (403 days ago)

Has anyone out there been through it all? It would be great to get feedback on what was the outcome with the consumer council? Or if you went through a lawyer was it worth it? We are going through the same problem but we are trying to decide what is the best route to take.

(I am based in Hong Kong)

Posted by WoDer (402 days ago)

the lesson should be: never chose the cheapest contractor.

(I am based in Hong Kong)

Posted by twotails32 (402 days ago)

it appears the contractor is in breach of his implied undertaking to do a suitable job. Did you have a written contract or was it an oral agreement? If written check the contract for any exemption clauses.

There are statutory obligations as well, try the Sale Of Good Ordinance, it might have requirements for services also.

You can threaten him with legal action, that usually helps, as a friend once told me the best laxative is a letter from a lawyer....

(I am based in Hong Kong)

Posted by Saikunga (401 days ago)

Even choosing a more costly contractor does not solve the problems of pathetic work ethic and workmanship.

I think it is generally a HK phenomena - do it as fast and cheap as you can - but they have the buffer zone if they have to go back and do it again.

The project managers may not have much control over the people they employ the first time - there will be those they call again and those who won't be.

Generally I have been happy with the standard of work we have got - the electrician, tiler and the first painter and plasterer we had were excellent and we would be happy for them to return for other work, however they have not been able to 'complete' our job because of other jobs they have going on at the time so we got the 2nd best guys - and the standard was much lower in the beginning, but after they know what is expected and they redo things a few times they get the idea that they will be doing the same job a few times for the same pay.

I was a bit shocked at the flimsy 'contract' I was asked to sign - next time I do renovations (and there will be a next time) I will include a late penalty clause, standard of work clause, and payment schedule which is more to my satisfaction.
Learning through experience.

(I am based in Hong Kong)

Posted by gum (401 days ago)

I seem to be getting some reaction from the contractor, so the letter works (at least for now). They have now agreed to change the bathroom tiles and the cracked bathroom doors.

Yes I will definitely include a late penalty clause if I ever do another renovation. And the payment schedule should also be somewhat link to deliverables as well and should not just to dates.

(I am based in Hong Kong)

Posted by associates (397 days ago)

If the contractor is in breach of the renovation agreement, you may sue him for damages. If the sum that you sue is less than HK$50,000, you may commence the action in the Small Claims Tribunal.

Weir & Associates
Solicitors & Notaries
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw

(I am based in Hong Kong)