Empire City Damansara In Trouble? (4th Update)

Page 2 : Maybank Responds, Certification of Completion, New Photos

Maybank Responds

林家聲 (Lim Kar Sing) had earlier written to Maybank, regarding their disbursement of funds without a site visit. Take a look at their reply :

Empire City Damansara In Trouble?

For those on mobile devices, here is the summary of the letter from Maybank :

  • They progressively released the funds according to the Architect’s certification of work done.
  • Since Empire City Damansara is a commercial project, the Bank is NOT required to wait for the issuance of a Certificate of Completion and Compliance (CCC) to release the final payment.
  • The Architect confirmed the completion of the building and the Vacant Possession notice from the Developer was sufficient reason for the Bank to release the final payment.

So much for counting on the Bank to protect your self-interest, together with their own. By handing over the final payment, Maybank has effectively shifted responsibility of overseeing the financial viability of the project to the purchaser. If the developer fails to deliver the promised development from now onwards, the purchasers will still be responsible for the payment of their instalments.

 

The Architect’s Certification Of Completion

林家聲 (Lim Kar Sing) just posted the Certificate of Stage Completion as issued by EDA Architects. Note that the first scan is for the Halo Studio of a different block (Block A), while the second scan is for the Block E office suites that you see in the pictures he posted.

  • EDA Architects certificate of completion
  • EDA Architects certificate of completion

Interestingly, the architect Ar. Loo Chang Seng certified that the internal plastering of the parcel was completed when it was obvious in the pictures we have seen, as well as the new pictures below, that lots of plastering work remained to be done…

 

New Photos

林家聲 (Lim Kar Sing) also posted additional photos of the 14th floor Block E office suites at Empire City Damansara. Check them out below.

  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?

We cannot confirm that these pictures were taken from the units that were “certified complete” though, since we cannot contact 林家聲 (Lim Kar Sing). We are trying to contact other owners of the Empire City Damansara project to get their feedback and photos.

Did you purchase any property in the Empire City Damansara development? We would like to hear from you.

Next Page > Emails & LODs From The Developer & Architect

 

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24 Comments

  1. Read the SPA first

    What we are hearing is that the Developer should have done this, the Bank should have done that, the Architect must should have done this.

    First of all, let’s be clear of the legal binding document – the SPA.
    As mentioned not just clauses 24, 26 & 27, but the entire document which the purchaser has signed, in 2 hardcopies.
    Purchaser also has to initial on every page of the SPA.
    This means the purchaser is of legal age to purchase the property and has read, understood, and is aware of the implication of each word and sentence.
    If the purchase has queries or do not agree to the clause, he or she should highlight or challenge this to the developer before signing the SPA, because this is a potential risk area.

    For example, what is there is a delay? what if the VP condition is not acceptable? architect to certify complete – is it 80% complete, 90% complete or did the SPA mention FULLY complete.

    By signing the SPA, each party enters into a contract which states their area of responsibility.

    Fully agree with the pictures taken, investigation and complaints, and maybe this will be a red flag to avoid buying from the same developer in the future.

    The challenge now is to prove that there is non-compliance to the SPA in order to have a case against the Developer, Bank and Architect. Is the purchaser able to relate to which clause mentioned in the SPA.

    Or the purchase just takes the easy way out, “I don’t know, i just sign the SPA only, anyway, nobody reads the SPA”.

    Reply
    1. Steve

      If S&P is free, chances are one doesn’t read it thoroughly. If got query, the answer will be – everyone has signed so what is the problem? Free some more ask so many questions???

      Reply
  2. wwb

    1st check how then can obtain Ccc the 1st place. 2nd sue the architect for irresponsible certifying work that is not done. Take photo with newspaper to show the date not just taken as it now where they can argue is back date to last year.

    Reply
  3. syeve

    File a complaint with PAM, architect association. Refuse to accept the VP. Group the buyers together, file a case and go to the press. Trying to give VP so they can stop paying DIBS

    Reply
  4. Yam Chee kong

    Paid everything they require me to pay but when ask for keys they said they r doing ‘free renovation upgrade’.

    Reply
  5. Victim

    To all purchasers,
    1) Pls gang up to log report to bank Negara on respective bank who release stage billing without checking.
    2) log report to PAM with all the supporting evidences( photos, stage billing, letters)
    3) Log report housing ministry & local authorities (mpkj)

    Reply
  6. Leong Nicholas

    I am one of the owner as well, mine unit is at block M. It’s not my turn yet but I’m very concern about the progress after their due date on Oct’15. What should we do now?

    Reply
    1. Dr. Adrian Wong

      AFAIK, there’s nothing you can do except wait for your unit to be ready. You might want to check with the developer for progress reports if they are not forthcoming with them. Make sure they are on schedule.

      Reply
  7. Road 2 Perdition

    If you are buying an apartment on a commercial title, the likelihood are as followed:

    1. Utility bills will based on commercial rate (although developers can opt for residential rate but most of the time
    they don’t care)

    2. Stage billing will based on commencement of works whether it’s painting or brickworks. You can’t argue with the architect on that. However, if CCC and VP were given without completion on the unit, amenities, facilities, etc., you may lodge a report to the local council under the Jabatan Bangunan. (MBSA, DBKL,etc).

    Alternatively, you also have a right to claim under your S&P, there is usually a clause called Liquidated Damages for delay in giving VP. In this case developer is issuing VP prior to completion of your unit so that they may not liable to pay any claims for delay. If there are sufficient enough prove that the project are substantially incomplete, a complain may also be lodge to PAM (Pertubuhan Arkitek Malaysia)

    Maintenance charge should also be waive by developer if the facilities are not ready (E.g pool area, badminton court,gym, etc). This will need purchasers group together and talk to the developer’s management. Why pay if you can’t enjoy the facilities.

    Hope that helps.

    Reply
  8. PK

    I am collecting more info to commence legal action against the developer. Anyone want to join me or provide documentary evidence, please contact me @ 0162732863 or 0122512112.

    Reply
  9. How

    Dude, do always consider the last and final impact, what would really happened if we succeed to “kill” the developer. Does that mean we can finally achieved what we claimed for, or the other way round, we all get into deeper shit whereby developer will never be able to finish off their final outstanding / defects and forced to wind up? I personally believed that we all purchases or, those speculators is looking at profit aspect… Assess it wisely…

    Reply
  10. Vivian kiew

    I have brought the unit and have the same excuses and problem, I am worst as they ask me to pay all with little bit of discount due to the bank delayed but after paying they said can’t allow me to go in although I have paid one year maintenance and penalty due to free upgrade. Kindly call me at 012-3813638 if they is legal action on misleading on the collateral contract and undue influence and fraud issues commuted. They have induced me to entry into contact by saying to be common clause after paying 10 percent I found all terms to be unfair contract terms. Based on section 6 of common law, although we have signed it is still can be set aside.

    Reply
  11. Yvonne Than

    today i went for 2nd inspection, defects still remained same as the first time.
    i did my defect inspection from 28/12/2016 till today 22/05/2018.
    Yet my unit still not ready.
    On 3/11/2016, the developer has sent me a notice about the settlement of LAD sum, which is totally not acceptable and doesnt make any sense to us.
    Kindly advise on how/what should i do….

    Reply
  12. Gavin Tham

    1st inspection on 02/12/2016, a lot of defeat. i went to the 2nd inspection on May 18 still no much progress. The staff told me that all common area not complete, no electricity and water there. All the walk way got a lot of hole open and not close. the staff also told that developer stop any defeat work for whole 2017 year. developer mentions will pay for the LAD but until today still not receive a single cents.

    Where we can gather to log a report? I’m lost of it.

    Reply
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