There may be instances where the developer disputes your request for rectification, or there may be unresolved issues such as disagreements on defects, repairs that are not carried out satisfactorily, or lack of response to your concerns. The following processes should be considered to resolve such disputes.
A) Consider resolving your disputes through mediation
B) Consider other dispute resolution measures such as:
- An independent third party, called a mediator is appointed
- The mediator helps to negotiate an amicable settlement of your differences
- The mediator does not decide on dispute but help to reach a mutual agreement
Two organisations or bodies are highlighted here for the provision of neutral evaluation and/or mediation services. A fee may be charged for these services. You are advised to check with the respective organisations/bodies to confirm the fees before engagement.
- Neutral evaluation
You are advised to seek independent legal advice should you wish to pursue arbitration or litigation.
For more information on resolving disputes under the Sale and Purchase Agreement, you may visit the URA web site at http://www.ura.gov.sg
Real Estate Developers' Association of Singapore (REDAS)
Disputes over building defects between private home purchasers and REDAS member developers can be brought before the REDAS Conciliation Panel.
The Panel deals with disputes concerning workmanship, quality of materials used and/or obligations under the Sale and Purchase Agreement which arise during the 12-month defects liability period.
Panel members comprise professionals who are familiar with the construction and property industry, including architects, surveyors, valuers, engineers and contractors as well as officials from relevant government agencies. The composition varies with the nature of the dispute.
For more information, you may visit the REDAS web site at http://www.redas.com
Singapore Mediation Centre (SMC)
The SMC provides mediation and neutral evaluation services. The mediation process is facilitated by mediators appointed by the SMC.
The mediators include:
The SMC will match appropriate mediators to disputes. In addition, you and your developer will each pay an administrative fee.
- Former judges and judicial commissioners
- Construction industry professionals, such as:
- Project managers
- Quantity surveyors
In neutral evaluation, you and your developer will select an evaluator from the SMC's panel of evaluators to provide an impartial written opinion on the merits of the disputes between you and your developer. The SMC's evaluators also include senior construction industry professionals such as architects, engineers, project managers, quantity surveyors and builders.
For more information, you may visit the SMC web site at http://www.mediation.com.sg