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Q: I engaged a contractor to do up a new wall of kitchen cabinets and he insisted I pay up fully because of the cost of the materials. I did as he was told but when I returned to check on the progree, I noticed the quality of the materials were different and I don't think he used the materials that he had showed me previously. However, his invoice did not list the specific brands he had mentioned earlier. What can I do?
Erica. H
A: Hello Erica, an important question to ask yourself would then be this: although the specific type and brand of materials were not expressed in the invoice, did the contractor nonetheless promise or assure you that a certain type of material would be used?
If so, it does not matter that the details of such material were not included in the invoice. By having showed you a specific material and assuring you that such a material would be used, the contractor has entered into a verbal contract with you. Under this verbal contract, the contractor has a legal obligation to construct the cabinets using that very same material. Think of it as you having engaged and paid for the contractor with the expectation that your cabinets will be made out of that particular material and none others. If the contractor does not deliver on his promise, he ought not be paid.
You should immediately tell the contractor to stop work on the cabinets so that no further wasted work is done pending discussions with him. Remind the contractor of the materials he previously showed you, and insist that you engaged him with the very objective of getting cabinets made out of those materials. If the contractor points out that the details of the materials were not spelt out in the invoice, tell him that a separate agreement concerning the type of material was formed verbally. If you have other forms of correspondence (emails, SMSes, or Whatsapp messages for example) documenting this agreement on the materials, use them to your advantage.
You can ask that the contractor redo the cabinets with the right materials at his own expense. Alternatively, you may ask for a refund, and for the contractor to tear down the unwanted cabinets at his own expense (so that you can engage a separate contractor to build the cabinets of your choice).
If the contractor refuses to cooperate, you may lodge a complaint with the Consumer Association of Singapore (CASE) if you are receiving the renovation works as an individual (and not a business). CASE may intervene by arranging for parties to attend a mediations session.
You may also lodge a claim at the Small Claims Tribunal (SCT) if you the cost of the cabinet works, including any rectification you may have to, does not exceed S$10,000.00. If the sum exceeds $10,000.00, you may wish to lower your claim so that the SCT can hear your case. If you do not wish to lower your claim, speak to a lawyer about making a formal demand and the posibility of taking legal action against the contractor to compensate you for your losses.
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Wei Li practises litigation and arbitration at KEL LLC – a boutique Singapore law firm specialising in civil and commercial law. He acts for corporate and individual clients in managing and resolving disputes across a wide range of issues and industries. Wei Li has a particular interest and expertise in Internet and social-media law. He provides strategic counsel and representation to businesses and high-profile individuals in a spectrum of media-related issues such as reputation management, appropriate-use policies, privacy and digital marketing. In addition to his practice as a lawyer, Wei Li teaches as an adjunct faculty at the Singapore Management University’s School of Law.
For more information, visit http://kel.asia/
Disclaimer: This article provides a general guide to the subject matter and should not be treated as professional legal advice. If you require specific legal advice, you are encouraged to consult a qualified legal professional to obtain the same.