Contractor harassment

hi


probably heard this story before. short version, renovation project gone bad, project was one month overdue, with incorrect tiles installed. total bill 250k, paid up around 210k. finally fed up changed the locks on the renovation site and got someone else to fix it up..


the contractor has sent me several emails and sms saying he will be sending people around to collect the money. showed the police but as there is no criminal element in what he is doing they can't so much. he has been to my apartment several times in my absence however that management office have denied him access. police has since informed me that unless he damaged or hurts someone they can't really get involved.


i am not in hk half the month and have the three month old baby which adds to my concern.


i have tried to reason with him that paying him the full amount is not an option due to the reasons outlined above and suggested we go to the small claims tribunal but to no avail. he is adamant on receiving his full payment, which i sincerely believe he is not entitled to.


advice?

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


If the contractor is in breach of the renovation agreement, as they were overdue in delivering their services, you may sue him for damages. If the sum you are claiming is less than HK$50,000, you may commence the action in the Small Claims Tribunal.


If you have relied on the expertise of the first contractor but he has failed to carry out his obligations under the agreement. He has therefore not properly completed the task undertaken by him and hence would not be entitled to the payment agreed. You can withhold the balance due. Due to the contractor’s negligence, you suffered damages and therefore should be entitled to claim such loss. Negligence and the loss have to be proved at the Tribunal.


Are you able to obtain a statement from the second contractor identifying what the failures of the first contractor were and what measures he had to undergo to rectify them? If you can obtain such a statement, you should then send a letter of demand (to the first contractor) claiming your loss. Please note this is a procedural requirement and it is advised to be attempted first, should there be no settlement you can then lodge a claim at the Tribunal. Please note that in such an event the second contractor should be ready to give evidence at the Tribunal. The documents which show the payment to the second contractor are also important evidence to this case. Please contact our Mr. Weir for advice.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw