20180928 Defect Liability Period, how to count? Part 2

20180928 (Fri)

Defect Liability Period, when does it start counting? Is the Freebie Air-con also included in the Defect Liability Period? Part 2.

So, when is this date of taking possession and thus the commencement of the defect liability period? For example, if I am away for work like 6 months, and I am not able to take possession, is this 6 months included?

There are few differences between Sarawak and West Malaysia (Sabah – I have not compared). Below are the differences:

Time to start counting the possession or occupation

Duration of the liability period

1. Time to start counting vacant possession for West Msia is upon expiry of 30 days, whereas for Sarawak, it is upon expiry of 14 days.

2. Duration of the liability period for West Msia is 24 months, whereas for Sarawak, it is 18 months (or previously 12 months).

Therefore, even if you are overseas for 6 months, the liability period starts counting upon expiry of the time when the notice from Vendor requesting the same is sent out.

The air-conditioner which was given as freebies will follow its own warranty period according to the manufacturer. Further which, if the defect liability period is still valid, the developer will make good whatever defects within the stipulated 18 months or 24 months. However, if due to wear and tear during the use, defect liability does NOT cover such issues as it is NOT a DEFECT!

Some developer will give more benefit like first servicing is free, for the reason that its installation could be defective and not at fault of the Parcel owner.

Ref:

https://www.out-law.com/en/topics/projects–construction/construction-claims/defective-work-in-construction-projects/

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