reporter2
10-09-13, 17:54
http://www.businesstimes.com.sg/premium/companies/others/homeowners-sue-developer-luxury-sentosa-cove-condo-20130910
Published September 10, 2013
Homeowners sue developer of luxury Sentosa Cove condo
Three contractors also named in lawsuit
By Grace Leong [email protected]
TERMITE infestation, flooded staircases and a rotting timber pool deck were among defects alleged in a lawsuit brought by more than 100 homeowners of oceanfront residential enclave, The Coast at Sentosa Cove, against its developer and three contractors.
Ho Bee Cove, along with Kim Seng Heng Engineering Construction, Architects 61 and Bescon Consulting Engineers, were accused of, among other things, failing to fix defects in the common areas of the 249-unit luxury residential development.
These include incorrect installation of electrical fittings, faulty light fixtures, leakages at walls and through electrical conduits, and poor finishes to walls at several apartment entrances.
To date, more than $93,000 has been spent to fix minor defects, but rectification costs are estimated to total a few million dollars, said Monica Neo, secretary of the Management Corporation Strata Title (MCST) council. The MCST, which filed suit on behalf of 108 owners, is responsible for managing the common areas of the development.
"We will not know the exact figures until we call tenders to quote for the rectification," Ms Neo said. "Contractors tend to charge a 'premium' price for any works to be carried out at Sentosa Cove."
Ms Neo told BT that the MCST has also been approached by a few owners with complaints about defects in their units, and wanted their claims included in the suit.
"However, we are not able to do so as there will be complications regarding the splitting of legal costs. It will be unfair for the MCST to pursue claims that concern one (property owner) but not all because the legal costs are being paid with MCST common funds. So, we have advised them to seek their own legal expert and to pursue their claims separately," she said.
In a statement to BT, Ho Bee Group said it is a responsible developer and is prepared to rectify any genuine defect that exists in the development's common areas.
The company said it has "conscientiously reviewed and addressed the MCST's concerns with regards to issues in relation to the common property and where necessary, rectified the genuine defects".
"Ho Bee remains committed to rectify such defects and has, in fact, made several offers to the MCST to carry out various rectification works. However, where there are issues arising from fair wear and tear or from poor maintenance of the common property, these ought to remain the responsibility of the MCST," the company said.
But the MCST, which is represented by Edwin Lee of Eldan Law LLP, argued that "the presence of so many defects, given when they started manifesting, could not be due to normal wear and tear of the development".
In its claim for breach of statutory duty, MCST alleged that Ho Bee Cove "failed to invoke the applicable warranties and indemnities and ensure that the responsible contractors and/or specialists remedy such defects" before MCST took over management of the development in December 2010.
But Ho Bee Cove, which is represented by Ling Tien Wah and Ross Tan of Rodyk & Davidson LLP, said the alleged defects were caused by the MCST's negligence.
It said it has "always been ready and willing to carry out rectification works for any genuine building defect".
But the MCST allegedly refused to permit Ho Bee Cove to carry out various repair works including replacing all the timber flooring of the bridge, revising the floor finish detailing, replacing the timber on the underside of the bridge with a suitable metal cladding, and rectifying affected signages, the developer said.
Published September 10, 2013
Homeowners sue developer of luxury Sentosa Cove condo
Three contractors also named in lawsuit
By Grace Leong [email protected]
TERMITE infestation, flooded staircases and a rotting timber pool deck were among defects alleged in a lawsuit brought by more than 100 homeowners of oceanfront residential enclave, The Coast at Sentosa Cove, against its developer and three contractors.
Ho Bee Cove, along with Kim Seng Heng Engineering Construction, Architects 61 and Bescon Consulting Engineers, were accused of, among other things, failing to fix defects in the common areas of the 249-unit luxury residential development.
These include incorrect installation of electrical fittings, faulty light fixtures, leakages at walls and through electrical conduits, and poor finishes to walls at several apartment entrances.
To date, more than $93,000 has been spent to fix minor defects, but rectification costs are estimated to total a few million dollars, said Monica Neo, secretary of the Management Corporation Strata Title (MCST) council. The MCST, which filed suit on behalf of 108 owners, is responsible for managing the common areas of the development.
"We will not know the exact figures until we call tenders to quote for the rectification," Ms Neo said. "Contractors tend to charge a 'premium' price for any works to be carried out at Sentosa Cove."
Ms Neo told BT that the MCST has also been approached by a few owners with complaints about defects in their units, and wanted their claims included in the suit.
"However, we are not able to do so as there will be complications regarding the splitting of legal costs. It will be unfair for the MCST to pursue claims that concern one (property owner) but not all because the legal costs are being paid with MCST common funds. So, we have advised them to seek their own legal expert and to pursue their claims separately," she said.
In a statement to BT, Ho Bee Group said it is a responsible developer and is prepared to rectify any genuine defect that exists in the development's common areas.
The company said it has "conscientiously reviewed and addressed the MCST's concerns with regards to issues in relation to the common property and where necessary, rectified the genuine defects".
"Ho Bee remains committed to rectify such defects and has, in fact, made several offers to the MCST to carry out various rectification works. However, where there are issues arising from fair wear and tear or from poor maintenance of the common property, these ought to remain the responsibility of the MCST," the company said.
But the MCST, which is represented by Edwin Lee of Eldan Law LLP, argued that "the presence of so many defects, given when they started manifesting, could not be due to normal wear and tear of the development".
In its claim for breach of statutory duty, MCST alleged that Ho Bee Cove "failed to invoke the applicable warranties and indemnities and ensure that the responsible contractors and/or specialists remedy such defects" before MCST took over management of the development in December 2010.
But Ho Bee Cove, which is represented by Ling Tien Wah and Ross Tan of Rodyk & Davidson LLP, said the alleged defects were caused by the MCST's negligence.
It said it has "always been ready and willing to carry out rectification works for any genuine building defect".
But the MCST allegedly refused to permit Ho Bee Cove to carry out various repair works including replacing all the timber flooring of the bridge, revising the floor finish detailing, replacing the timber on the underside of the bridge with a suitable metal cladding, and rectifying affected signages, the developer said.