Need advice on conflict with contractor

Izac Yeoh — Sun, 03 Nov 2013 15:20:38 +0800

Hi all,

I am lost and really need some professional advices. Let me briefly tell everyone my problem here.

I had engaged a contractor to be my main contractor of my first new house (a condo). He is helping me on the custom built furniture, installation of grille and installation of plaster ceiling. I had engaged 2 more persons to help me on the painting work and wiring. The problem now I am facing is between the main contractor ("the Contractor") and me, not the other two.

I withheld part of the final payment to the Contractor because he had made me incurred extra cost due to his mistakes. For instances, he modified the grille which is fall within part of his job scopes due to he does not open a space for my duct to be extended out of my unit. He charged me the modification fees in the final invoice. I do not agree because I think it is common sense that the duct should be extended until outside my unit but not just until within my yard (this is a open concept kitchen and beside my kitchen is a yard normally people use it for wet kitchen or locate the washing machine). I try to make him understand my point but he claims that he did not receive any black and white from me or any instruction from me that the duct should be extended until out of my unit so he does not open a space at the grille for my duct to go through. He thought the duct is just extended to my yard so all the smoke will be sucked and blown to the yard!

This is just one of the cases but I am not going to explain all because it is really a long story. As a conclusion, I explained to him all the issues and cost that I have incurred or will be incurred in the future because of his mistakes made and this is how I come out with the withhold amount. He does not want to listen and want me to settle the final payment. I disagree and ask him to issue me a lawyer letter since we cannot find a common view to solve the issues. He does not issue me any letter but instead come to my office and warned me if I do not made the final payment, he will call my boss, will find my parents or anything and told me that do not make him to do all these because this might make me lost my job or something else. I honestly feel threaten and suggested him to discuss the issues in front of the police (because the police station is just nearby my office) but not in front of my office because will have a lot colleagues pass by and this will definitely have impact on my work. He refused and keep making noise in front of my office and told me if I think my justification is right why not ask my boss join in for the discussion and he claims that he can call my boss anytime! I explained to him this got nothing to do with my work and suggest him why not just issue me a lawyer letter since we both disagree on each other stance. He walked away and told me he knows what to do next and start making phone call. I worried and lodged a police report. The police told me nothing they can do and suggest me to find a lawyer. I talked to the lawyer but the lawyer told me they cannot do anything until he really takes any action. I feel helpless.

Somehow, his girl fren get to know about this issue and try to communicate with me to find a way to solve it. She also suggested to have a meet up in my new house to discuss it again which I agree with. Yesterday, they came to my house. After few rounds of discussion, the Contractor still very firms with his stance and end up we still cannot solve it thoroughly. However, he asked me to issue one cheque for the final payment exclude those items that we are still not agree with. I agree and issued him a cheque but I suggested that we take a picture on the cheque together with my and his ic as a prove that he has received it. He refused. He only agrees to put a statement in the final invoice that he has received a cheque from me together with his signature. I told him at least you should state in the statement your full name as per ic and your ic number that you have received the amount but he refused also. He said the cheque is issued to his company (not a sdn bhd but sole prop) and this company represents him. This is how the discussion ended.

Today I keep on thinking will there be any issue if the company is not registered? or why he keep refuse to provide his full name and ic number? Even I only want his full name but not his ic number he also refused. That's why I need someone to give me some opinion on these. Really really hope someone can enlighten me and if this really will lead to any issue, I will call the bank and cancel the cheque.

Thanks in advance.

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Need advice on conflict with contractor