Quality of Buildings Works Diagnostic and Consultation Service
Our professional team includes Chartered Building Surveyor (UK), Authorized Person, Registered Building Surveyor, Registered Structural Engineer. Notarization services, quality assessments, decoration project delays, owner delays, unreasonable deduction of deposits by the owner, project disturbances arising from the handover of the building, etc. are dealt with. At the same time, the company can handle the project disturbance and provide the content for the client. Provide court-approved and legal reports, including repair recommendations and damages, which can be used in court-affecting disputes between parties, etc. Inquiries and Impact Services.
The main assessment areas include:
- Contract amount payable
-Engineering quality (whether it meets the general receiving standards)
-The degree of completion of the project (the degree of completion of the decoration project in the contract content)
- Man-made damage/natural wear and tear
- Property damage and repair amount due to the above reasons
Remarks: Since the burden of proving the loss (Burden of Proof) rests on the plaintiff, if you want to seek compensation, please contact us as soon as possible to make relevant preparations. A lot of evidence of losses was collected at the very beginning. In many cases in the past, the victims did not properly collect/keep evidence of the losses, resulting in a significant reduction in compensation and even lost the opportunity to seek compensation.
If you have any enquiry, please call 6518 3092/5423 3828 (Enquiry hotline)
Q: Can the owner claim for damages if it is not completed within the contract period?
A: A licensed barrister said that the legal responsibility of the owner and the decoration company is based on the project contract. If the completion date is specified in the contract, and the decoration company fails to complete the delivery on time, it may be a breach of the contract, and the owner can claim compensation from the other party for the extension of the project. Derived losses, including hotel rentals, etc.
Q: Do I need to consider the reasons for project delays?
A: The answer is yes. The owner mainly considers the factors of project delay. If the project is delayed due to uncontrollable factors, such as the delay in the transportation of decoration materials and furniture, the owner has no reason to deduct the decoration fee. Therefore, the owner must first clarify the reason for the delay of the project. If there is evidence that the other party deliberately delays the project, in case the other party takes legal action to recover the decoration cost, the owner also has reasons to make a defense, and may even claim against the other party for compensation. If the amount claimed is less than HK$75,000, the owner can file a claim with the decoration company in the Small Claims Tribunal.
Q: How do I know if the compensation plan is reasonable?
A: When the owner signs the contract with the decoration company, the completion date should be clearly specified, and the compensation plan for overdue completion should be clearly stated. However, since the compensation is legally compensatory rather than punitive, the compensation amount should be based on a well-founded estimate. Otherwise, there is a chance that it will constitute unfair contract terms, which will affect future claims.
The court cases that have been handled are as follows (due to the large number of cases, the list cannot be exhaustive):
|西環海怡花園||DCCJ 3878/2014||中環結志街39-43號新中環大廈||DCCT712/ 2017|
|荃灣橫龍街49-53 號華隆工業大廈||DCCJ 4468-2015||海怡半島||DCCJ 1992/2016|
|灣仔莊士敦道172號美華大廈||DCCJ 4919/17||粉嶺祥華邨||SCTC 8952/2018|
|香港跑馬地誠和閣||DCCJ 4959-2015||太子汝州街19-25號英來大廈||DCCJ 2322/2015|
|沙田康林苑||DCCJ 3244-2015||荃灣柴灣角街95號華俊工業中心||SCTC4871248713 /2018|
||DCCJ 5344/2016 & 4746/2016