I have given letter of award to MLTT CONTRACT(herein after named contractor) on 17 October 2011. The contract price is RM 548, 000.00 which cover the preliminaries, structural, roof, finishes, plumbing, external works within the boundary and provisional sum by using traditional method of constuction ie. bricks, concrete and cement. Immediately the above contract signed and stamped, the contractor suddenly trying his very best convinced me to change the construction method from the traditional way to a very new system call M2 building System(recently I found it at web-site THE EMMEDUE SYSTEM). The contractor did mention and display the advantages of this new system through a short video ie.very strong and solid wall which is theft proofing(which I was so impressed at that time because my area there has no guard house security service), energy saving, fire resistance, earthquake resistance, sound proofing, cyclone resistance and etc. And when I asked them is there any problem of hanging air-conditoner unit and compressor and drilling problems, they said no problem about drilling for fixing furniture and fittings and wiring. During the display, I read that the cost will be saved by using this system besides all the advantages the above mentioned. But when I ask him, he said that in fact by building up only one bungalow it will be costly than the cost of using traditional construction method which I have believed in him (but later on found out its not true!). Since I have my own budget, and this system is so new, I have a lot of uncertainty at that time whether I should change or not to change ? After strain all other questions that throw to him and it seems all the questions have been answered by mouth said, the final issue to considered is the price. At that time, that was before the work started and original contract signed, I replied verbally to him if he can build with what he mentioned and promised maintain the same price or lower, I will consider. If not then I will stick to the old contract.
Finally, he promised to build the bungalow by following the same price as per the original contract and he was telling me the M2 building system company is sponsoring whatever the excess cost of using the new method instead of the old method. In addition, at that time, since I was told that the M2 system is strong, waterproof and better thef proof material, I requested him to sponsor the M2 material also for the roof. And he promise to do that after requested from the M2 building System company but the condition of this offer is to make this house as a sample for the future visitors ie their company's potential customers. After chasing and follow up me very hard and so many times and I feel that was a pressure to me then before I came to find out more about this new system from other parties(in fact no body know about this system around me at that time), I was forced to decide and verbally promised to let him start the work by using the M2 building system.(And I realize later that the contractor did not attached any revised letter from normal to M2 System for me to signed. This is because I do not have knowledge of what the contractor should do at all at that time. )
During the construction progress, I was asked by so many people that knew me and care for me about this very new construction method. I could just answer them as per the contractor told me also at that time. When the work just started they were digging the drainage main hole, the contractor was using the sand bricks instead of better brick(the red colour brick)(this thing was my uncle told me because he is staying just next to the construction site. When I was asking why not providing me the red bricks? The contractor said both are the same, nothing different one! You can image, I was so annoy, as a professional building contractor, he dare to answer me in such a way that any layman will also know what the bull shit is! After I insist in using the red bricks, he finally change it to me.
Frankly speaking, from the point of that time, I was worry what kind of construction quality he can provide to me? But since I have signed the contract and stamped already, I do not know what to do. I just pray and expect that they can do it responsibility and professionally.
Before the construction starts, I did give them my Architect and Engineer (who I introduced to them before) Contacts to the contractor and asked them to do work alias with both of them.(But later on in front of me the engineer told the contractor that he was not informed that the works has started until we called up meeting at April !)(The Architect is using other co’s license, the reason I chose him was he got very strong cable in getting the CF)
During working progress, I keep on remind the contractor to pay attention when pouring the concreting(this is after I meet some experience and kind people to teach me). I keep on remind him please do more vibration work force while pouring the concrete. Unfortunately, when the first floor platform done. Few areas found have honey cone and the edge of walls are keep on leaking. When I complain on their lack of supervision of work, they(including my file submission engineer) told me that it is normal for all the construction first floor platform to have leakage problem. They said they will put a layer of waterproof material on top of the floor.
According to what those experience and kind people told me, a good concreting will not be leaking even though without any waterproofing! So, who now is truth? I did request the engineer to provide me what is the suggestion? The engineer suggest me to do concrete test and will recommend me the contacts during the first meeting. But it seems there were some changing after the engineer meeting up with the contractor and the M2 system engineer. They seems trying to refuse to provide me any contacts about the concrete test. Their reason was, they do not want me to suspect the accuracy of the test later on and create another issue. Sounds quite reasonable. So, I start to search concrete test through web site and I got one company provide me quotation. But, in the other hand, my adviser(I appoint 2 advisers(friends) at April 2012) Mr. C.K.Chong not agree me to do concrete test. He is trying to go his own way to solve this problem for me. Since I myself to appoint him as my adviser, I choose to follow his way. Although at that time I do not really know what will be happening the next moment.
After the third meeting held on 15 May 2012, we instruct the contractor to stop work at the project site( CADANGAN MEMBINA SEBUAH RUMAH BUNGALO DI ATAS LOT P.T. 1533 JALAN SRI HIJAU 11, TAMAN SRI HIJAU, MUKIM RAWANG, DAERAH GOMBAK, MAJLIS PERBANDARAN SELAYANG, SELANGOR DARUL EHSAN) for Non-Compliance to the Contract requirement as stated under Clause 10(sub-clause 11.1) in the letter of Award. We send them 4 letters by e-mail, by hand(come office to collect the first and second time) and by post with A.R registered (returned for no receipient).
After sending the letters and they reply with non sense. Mr. C.K.Chong ask me to look for a lawyer to give him letter. So, I find a lawyer and ask for his opinion. But this lawyer is very young, he is lack of construction abuse cases experience. So, he suggest us to seek the assistance from an independent engineer or architect to identify the rigidity of the basic structure whether it can support the whole building or not? And the durability, practicability of the material used in terms of our climate suitability?
But again, my adviser Mr. C.K Chong not agree with what the above lawyer suggest. The reason is the cost incurred to fight this case will be very high. So, what should I do now? And he said a very experience lawyer need not use this way, he can fight for the fairness for the owner by only using the stamped letter of award, ie the original contract signed earlier. But he seems cannot show me who are the lawyer who can do this?? So, I am stuck now. When I am trying to search consumer boards, I get you. I read through the cases that you fight for the rights for consumers and I am so admired and solute what you have done. At that minute I realize the cases the complaints are so similar with some of my past experience and I just left it like that and keep quiet only.
I am very determine this time, I must find out what is our consumer rights for housing development? I cannot just like an idiot listen blindly to what people say.
I am so thankful that your kind person in charge patiently finish reading what I am trying to spell out the whole scenerio. I am sure I will provide whatever attachments left behind and make sense to you for your further investigation and identification.
RANEE NG SIEW LING