According to the URA's tender advertisement, Meijing New Building will recruit a major maintenance contractor in March 2023; Ruiqun's website shows that it will undertake the project. The building is divided into six blocks. Our reporter arrived at the scene yesterday afternoon and saw that only part of the outer wall of the top floor was covered with scaffolding. The minutes of the corporation's meeting last December were posted in the lobby. Ruiqun claimed that the canopy inspection was wrong and needed to be redone. Ruiqun also quoted a price of about NT$2.124 million for the underground drainage project, which was questioned by the corporation.
The owner said that he would invest 100,000 yuan and add additional work before completion.
The owner, Ms. He, said she had raised about NT$100,000. The project started over a year ago and has been gradually completed. In recent weeks, due to water leakage on the top floor, she had to build a shed again for repairs. "There is nothing we can do." Resident Mr. Li said that in recent months, the building has raised more than one million yuan for the channel project, and the leakage on the top floor has been repaired. He questioned that the project was not within the original scope of the project, and there are many elderly people in the housing estate. He was worried that criminals could take advantage of it. He was also concerned about whether compensation would be provided after the arrest. Mr. Wu, a resident, is worried that the project will not come to an end. "There is nothing to worry about. We can only wait, and we don't know what to do."
Tsuen Wai Garden selected "Long" to undertake the mandatory building inspection and fire protection improvement project through the URA's "tendering process" in 2023, with a total contract value of NT$2.08 million. Zhao Enlai, secretary of the Tsuen Wai Garden Corporation, said that the corporation is contacting the URA and the local district civil affairs office and other departments, and seeking legal advice to follow up, including terminating the contract with "Leung" and re-tendering. He said that "Liang" was not a low-priced consultant. The corporation had paid about NT$819,000, and the Buildings Department had approved the mandatory building inspection report for Tsuen Wai Garden. Even if the consultant was replaced, there would be no need to conduct another building inspection, but the project tender document would have to be revised. I believe it would have little impact on the progress of the project. He added that the company involved in the case but has not been convicted can still perform the contract. The housing estate will have to pay compensation if it terminates the contract, but the Queens contract has a termination clause that will be voted on by the owners.
Luk Wei-hsiung: You may have to pay compensation to terminate the contract
Barrister Luk Wei-hsiung said that the company involved in the case may not be sued. Unless the contract states that the contract can be terminated in criminal cases or has an "escape clause", the owner must still perform the contract or terminate the contract by paying compensation. The two parties can also negotiate to terminate the contract based on the latest situation. He said that if the company is sued or liquidated and the project is unfinished, it is the most unfortunate situation. The owner can terminate the contract, but it will be difficult to recover and it will cost money to find a new company to take over.
Lawyer Leung Wing-keng said that even if the company involved in the case is exposed as a bid rigger in a housing estate, other housing estate corporations must prove that the company's construction contract was also obtained by illegal means before they can legally terminate the contract. It is recommended that the owners understand whether the bidding process is illegal and seek help from the Independent Commission Against Corruption. He said that if the relevant company is still under construction, it will be difficult to accuse it of being unable to perform the contract. It is recommended that the owner strengthen supervision of the work. If it is found that the work is stopped or the progress is lagging behind, it will be a breach of contract.
