Contractor to pay for uncompleted work
Published on: Wednesday, June 26, 2024
By: Crystal E Hermenegildus
Based on the facts of the case, Mat Salleh hired a contractor and signed the Submission of Agreement on Feb 15, 2022 to build a house in Kampung Tajau, Tuaran.
Kota Kinabalu: A contractor was ordered by the Consumer Claims Tribunal to pay RM30,000 to a customer after failing to complete work on the customer’s house.
Tribunal President Salmi Zalinah Abdul Rahim ordered Ufairah Enterprise to pay the amount to one Mat Salleh Siannak (the claimant) within 14 days.
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Salmi made the decision after hearing statements from both parties, and stated that the contractor failed to complete the claimant’s house, managing to finish only the gate.
Based on the facts of the case, Mat Salleh hired a contractor and signed the Submission of Agreement on Feb 15, 2022 to build a house in Kampung Tajau, Tuaran.
The contract price was RM75,000 and the construction of the house was to be completed within 120 days, from Feb 17, 2022 to Aug 18, 2022.
After the period ended, the house was still not completed. Mat Salleh demanded a refund of RM45,000, which had been paid to the respondent in April.
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In defence, the contractor said the agreement was still not cancelled even though the date had expired, citing some quota delays.
The contractor also mentioned receiving compensation of RM805 from the expiry date of August 19, 2022.
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The contractor further argued that the agreement was void because the claimant had terminated the work without providing a notice of termination.
During the hearing, the respondent presented another invoice as evidence to Salmi.
In delivering judgement, Salmi said even with the new evidence submitted, it was not strong enough to show that the respondent had been granted an extension until June 2023 and that termination of work without notice was not included in the agreement.
“However, the Tribunal also takes into account the work done by the respondent in making the decision,” Salmi said and awarded the claimant RM30,000 instead of RM45,000.
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