Legal action

 

A reader, Mr. Chin Chee Thau, made a comment on my Facebook post as follows:

Why you did not take legal action? It's a legal and faster way to resolve this matter?

This is a good question that needs an elaborate reply.

Any legal case in Sabah will take 2 years to resolve and is very costly. I am trying to avoid legal action until all avenues are exhausted. 

I mentioned the following in my post at LINK.

I have no intention of bringing this matter to court until I have exhausted all avenues. There are quite a few more steps to take and I believe this matter will be resolved without having to go to court.

I mentioned the following in another post:

We can reach the top of a mountain via various routes. Some ways may be easier than others but will lead to the same destination. If there are 7 different ways to reach the top, we won’t use all 7 ways at once. We may try one way today and another, another day. LINK

Faisal’s lawyer filed a writ of summons on 2.6.2020 to claim the Liquidated Ascertained Damage (LAD).

Since then Monica Lee, the developer, said that she will not attend to any repair works until the legal case is settled. LINK

This is the kind of stupid ideas suggested by lawyers to delay action. As I had asked earlier what has the case against the developer for Liquidated Ascertained Damages got to do with repair works?

 Even the PROFESSIONAL PRACTICE COMMITTEE of PERTUBUHAN AKITEK MALAYSIA said in writing that they cannot attend to my complaint because the matter is in court.

Here is exactly what they said:

3.  We have also been led to understand that there is a current, legal dispute between yourself and the Developer. Apart from not being able to comment based on the information we have received, we hope you understand that we are also unable to add any further advice lest it may be misconstrued as interference within the above-mentioned dispute.

The questions I had asked PAM are:

      1.       Is there a maximum gradient for the driveway that an architect/ engineer should adhere to?

 

2.       Sir, are architects not responsible for design faults?

 

3.       Are architects not responsible for wrong construction of driveways that are not in accordance with original drawings?

 

When I asked PAM what has a case against the developer for LAD got to do with answering the questions above there was no reply.

As such, I want to clear all avenues before commencing legal action.

I am still awaiting answers from Lembaga Juruukur Sabah, Sr. Bernard Liew of Land and Survey, Lembaga Arkitek Malaysia, Mr.Stanley Chong of Local Government and Housing, DBKK, The Major of Kota Kinabalu and a few others before taking action against them.

Once Lembaga Arkitek Malaysia (Board of Architects Malaysia) finish their investigation I will write to ROS – Registrar of Societies, before writing to the Home Minister. Only then will it be appropriate to write officially to the Prime Minister.