Day 147: Notice to PD of intent to claim Damages

Hand over is scheduled for tomorrow morning. I went to check house & found out the windows haven't been fixed & there's no traces of insulation been fixed.

Sent my CSC an email notifying them of my intention to claim damages if hand over doesn't happen tomorrow:

"We refer to your letters dated 28 July 2010 and 10 September 2010.
Based on the above mentioned letters, the building works is supposed to be completed in 140 days. Calculating from the start date of 28 July 2010, 140 days would fall on Tuesday, 14 December 2010 (inclusive of both 28 July 2010 & 14 December 2010).
We refer to the signed HIA Building Contract Schedule 4 'Special Conditions' and Clause 1.0 'Definitions' which define the meaning of "Completion".
During the hand over inspection on Thursday, 16 December 2010, we have discovered the building works had not been completed as per definition of completion mentioned in the above paragraph. We have therefore decided to defer the hand over until the building works is completed, which is supposed to be Wednesday, 22 December 2010.
A hand over inspection has been arranged for Wednesday, 22 December 2010 at 9.00 am. We are hoping that all the items to be rectified have been rectified so that we can have a completion of building works.
We refer to the signed HIA Building Contract Schedule 1 '9. Agreed damages for late completion of Building Works' and Clause 40.0 'Owner's Claim for Agreed Damages'.
We wish to advise that should the building works is yet to be completed by the hand over inspection tomorrow, Wednesday, 22 December 2010 at 9 am, we are going to claim for damages for late completion of building works with effect from 15 December 2010 until the completion of building works.
We will deduct the amount of the damages from the Final Payment as per Clause 40.1."


And the following is the reply I received from the CSC:

"Please be advised that the final cheque must be the same amount as your final invoice.
We can raise a Variation for you if we do go over Construction days when that so occurs."


And the following is my reply to the CSC's email:

"You've gone over the construction days. As per my email, 127 + 13 days = 140 days which was Tuesday 15 December 2010.
And as per signed HIA Building Contract Clause 40.1 the damages is to be deducted of the Final Payment."


And finally this is from the CSC:

"I will ask Management if we are able to process your payment in this way and get back to you tomorrow."


Will be an interesting day tomorrow. I do intent to claim the damages & if they are asking for extension of time, I'll object to that.