The Construction Defect Demand Letter is a critical document in Malaysia's construction industry dispute resolution process. It serves as a formal communication tool when construction defects are discovered after project completion, typically within the defect liability period or statutory limitation period. The document must comply with Malaysian construction law, including the Street, Drainage and Building Act 1974 and relevant building regulations. It should detail specific construction defects, provide supporting evidence, and make clear demands for rectification. This type of demand letter often serves as a prerequisite to legal action, demonstrating attempts at amicable resolution before pursuing litigation. It's particularly important in Malaysia where courts encourage parties to attempt resolution before commencing legal proceedings.
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1. Sender and Recipient Details: Full contact information and addresses of both parties, including project reference numbers
2. Project Identification: Clear identification of the construction project, including address, contract reference, and completion date
3. Contract Reference: Details of the relevant construction contract, including date of execution and key terms relating to defects
4. Description of Defects: Detailed description of each construction defect discovered, including when and how they were discovered
5. Impact Assessment: Description of the impact of the defects on the property and its occupants/users
6. Legal Basis: Reference to relevant contractual clauses and legal provisions that have been breached
7. Demand Statement: Clear statement of demands, including repairs required, timeline for completion, and any compensation sought
8. Response Timeline: Specified deadline for response and potential consequences of non-compliance
1. Safety Concerns: Include when defects pose immediate safety risks that require urgent attention
2. Cost Estimates: Include when repair costs have been assessed by independent experts
3. Previous Communications: Include when there have been prior attempts to resolve the issue
4. Alternative Dispute Resolution: Include when proposing mediation or other ADR methods before litigation
5. Insurance Claims: Include when insurance policies are relevant to the defects
6. Warranty Claims: Include when defects are covered under active warranties
1. Photographic Evidence: Photographs documenting each construction defect
2. Expert Reports: Technical reports from building inspectors or other relevant experts
3. Repair Quotations: Estimates from contractors for rectification works
4. Relevant Correspondence: Copies of previous communications regarding the defects
5. Contract Excerpts: Relevant sections of the construction contract
6. Timeline of Events: Chronological listing of relevant events, discoveries, and communications
7. Technical Specifications: Original specifications and standards that were not met
Relevant legal definitions
Construction Project
Construction Contract
Construction Defect
Defect Liability Period
Property
Completion Date
Certificate of Completion
Building Plans
Building Specifications
Workmanship
Remedial Works
Building Standards
Construction Site
Project Documents
Technical Specifications
Material Defect
Structural Defect
Rectification Period
Building Regulations
Professional Standards
Quality Standards
Response Period
Inspection Report
Expert Assessment
Construction Contract
Construction Defect
Defect Liability Period
Property
Completion Date
Certificate of Completion
Building Plans
Building Specifications
Workmanship
Remedial Works
Building Standards
Construction Site
Project Documents
Technical Specifications
Material Defect
Structural Defect
Rectification Period
Building Regulations
Professional Standards
Quality Standards
Response Period
Inspection Report
Expert Assessment
Clauses
Identification of Parties
Project Details
Contract Reference
Defect Description
Technical Specifications
Legal Basis
Breach of Contract
Statutory Compliance
Inspection Findings
Expert Evidence
Remedial Demands
Timeline Requirements
Cost Recovery
Notice Period
Compliance Requirements
Safety Concerns
Professional Standards
Quality Standards
Warranty Claims
Liability
Dispute Resolution
Response Requirements
Project Details
Contract Reference
Defect Description
Technical Specifications
Legal Basis
Breach of Contract
Statutory Compliance
Inspection Findings
Expert Evidence
Remedial Demands
Timeline Requirements
Cost Recovery
Notice Period
Compliance Requirements
Safety Concerns
Professional Standards
Quality Standards
Warranty Claims
Liability
Dispute Resolution
Response Requirements
Relevant Industries
Real Estate
Construction
Infrastructure
Commercial Property
Residential Property
Industrial
Hospitality
Healthcare
Education
Retail
Manufacturing
Relevant Teams
Legal
Construction
Project Management
Quality Assurance
Facilities Management
Technical Services
Contract Administration
Property Management
Risk Management
Compliance
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Property Manager
Facilities Manager
Building Inspector
Quality Assurance Manager
Contract Administrator
Claims Manager
Development Manager
Technical Director
Construction Lawyer
Chief Engineer
Architect
Site Supervisor
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