Asked by Anonymous
Hi, I bought a property where I’ve my SPA signed dated 7/7/2014. As follow the SPA, the developer has 36 months to complete before the LAD kicks-in. Contractually, I shall expected to receive vacant possession by 6/7/2017. Unfortunately, it was not the case and I only received notice of possession on 12/10/2021. Translate that to total # of delays would be 1599 days. Then, I was told that they would deduct total of 1003 days from:
A) 430 days where the developer claimed that the delay was beyond their control and was required to comply to the requirement from the authority. Furthermore, they proof to me that they have obtained the certificate of extension of time (Funny how, when they showed to me the certificate of extension of time was awarded to them different to the company registered under the SPA that I signed)
B) 288 days due to COVID-19 in year 2020
C) 285 days due to COVID-19 in year 2021
After deduct #A,#B and #C, balance days can be claimed = 596 days.
I would like to know whether the developer has the right to reduce 430 days, full 288 days due to COVID-19 in year 2020 and 285 days due to COVID-19 in year 2021. I'm pretty sure that you have shared with me that the eligibility of the developer that they can claim from 18 March to 31 August 2020 which covered under Section 35 of the Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (Covid-19) Act 2020. Unless the developer has applied to extend the period up to 31 December 2020. As for the year 2021, the calculation of LAD should be included.
Last but not least, can the developer apply to extend the E.O.T due to COVID-19 for year 2021 onward?
Thank you. Looking forward for your kind advise and sharing.
A) 430 days where the developer claimed that the delay was beyond their control and was required to comply to the requirement from the authority. Furthermore, they proof to me that they have obtained the certificate of extension of time (Funny how, when they showed to me the certificate of extension of time was awarded to them different to the company registered under the SPA that I signed)
B) 288 days due to COVID-19 in year 2020
C) 285 days due to COVID-19 in year 2021
After deduct #A,#B and #C, balance days can be claimed = 596 days.
I would like to know whether the developer has the right to reduce 430 days, full 288 days due to COVID-19 in year 2020 and 285 days due to COVID-19 in year 2021. I'm pretty sure that you have shared with me that the eligibility of the developer that they can claim from 18 March to 31 August 2020 which covered under Section 35 of the Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (Covid-19) Act 2020. Unless the developer has applied to extend the period up to 31 December 2020. As for the year 2021, the calculation of LAD should be included.
Last but not least, can the developer apply to extend the E.O.T due to COVID-19 for year 2021 onward?
Thank you. Looking forward for your kind advise and sharing.
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