Friday, September 23, 2011

Recourse for condominium - The Seaview defects: Condo residents sue for $14m

By Amanda Tan

Residents in the condo, billed originally as the 'Ardmore Park of the east', claim that problems surfaced from mid-2008, shortly after they moved in. Complaints include shoddy workmanship and bad smells in their units.

Home owners of The Seaview, an upmarket condo in the east, are seeking $14 million for defects that have allegedly plagued the estate since 2008.

In what is believed to be one of the largest amounts that a developer here is being sued for, the residents of the 546-unit project in Amber Road are suing Mer Vue Developments, a subsidiary of listed Wheelock Properties.

Also named in the suit - filed by the condo's management corporation (MC) - are main contractor Tiong Aik Construction, RSP Architects Planners & Engineers and engineering firm Squire Mech.

Residents in the condo, billed originally as the 'Ardmore Park of the east', claim that problems surfaced from mid-2008, shortly after they moved in.


Complaints include shoddy workmanship and bad smells in their units.

In another incident, the estate's water bill for common areas spiked to about $20,000 a month, from $4,000.

Maintenance staff from the condo and experts hired by the MC found a leak in a pipe supplying water to the swimming pool.

The estate has temporarily installed valves to curb the leak and now uses a hose to top up the pool.

The MC claimed that the developer had asked its contractors to rectify some of the problems but they kept recurring.

In late 2009, the MC engaged independent chartered building surveyors who found at least 32 cases of defects in areas such as lift lobbies, swimming pool, residential units and basement carpark.

Among other things, the MC claimed that waterproofing was not carried out properly in areas such as the basement carpark, causing damage and safety risks.

Residents said it was the same problem on the rooftops which meant that higher-floor residents had to deal with water seepage and stained ceilings and walls.

Inside the units, residents claimed that they had to regularly deal with foul smells and flies.

According to experts hired by the MC, this was because floor traps and pipes in the kitchen were not installed properly, leading to food waste being stuck in the pipes.

Last week, residents were given more details of the case via the condo's newsletter. In it, it was reported that joint inspections of the defects by the developer and MC in 2009 did not help to resolve the issues.

The MC said it decided to file the suit after Wheelock's lawyer wrote to it last year, stating that the firm would no longer listen to complaints of defects.

In its claims, the MC said it was 'reasonable to believe and expect' that Wheelock would construct the development in a 'good workmanlike manner' and that the residents can seek recourse against defects.

Defence statements show that all four parties have denied any responsibility for the defects and claimed that the MC had failed to maintain the property.

Mer Vue Development said it had not carried out the construction and had engaged a reputable contractor.

Wheelock is also behind other luxury projects such as Ardmore Park and The Cosmopolitan.

Tiong Aik Construction argued that the defects arose from wear and tear and were due to the management's own failure to maintain the property.

It said it had hired reasonably competent sub-contractors to carry out the works.

A High Court pre-trial conference is due to be held next month.

tamanda@sph.com.sg

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