Legal Updates

Where an apartment owner demands fixing of defects but to no avail it may fix the defects itself

July 16, 2017

An apartment owner filed a claim requesting reimbursement from the contractor who built his apartment for expenses incurred in fixing defects in the purchased apartment after the contractor's attempts to fix the defects failed and the apartment owner fixed the defects by himself, without first notifying the contractor.

The Court accepted the claim and held that a contractor should be given an opportunity to fix the defects. However, this opportunity will lapse if the contractor does not bother to fix the defects or fails. Formal notice to the contractor as to the defects will not be required where the contractor knew of the defects or should have known about them. In the circumstances at hand, there was no place or need for further notice to the contractor and the contractor was ordered to reimburse the apartment owner.