A friend has recently purchased a flat 'off-the-plan' in Hong Kong. After a significant delay (more than 1 year) the developer has finally handed the property over. Under the contract that he signed, and is standard in Hong Kong, the developer has to complete the property by a certain time otherwise they will penalised at the pervailing interest rate (plus a premium) based on the amount of moneys paid for the period of delay. The contract goes on to say that the 'occupancy permit' shall be deemed as sufficient proof that the property has been completed. In this case, the developer, Cheung Kong, was arguing with the government over some trees that a contractor had cut down and so the government withheld the occupancy permit until they settled the dispute. In the end they got fined a huge amount and my friend wasn't given access to his house for more than a year. Cheung Kong claims that they are not required to compensate him as whilst the occupancy permit is sufficient proof of completion, it is not necessary and the contract does not prohibit the developer producing other evidence of completion.
After receiving the flat he has found significant number of defects, I think somewhere in the vacinity of 20 text pages. Apparently, according to the inspector he contracted with, his is one of the better flats in the complex so you can understand the quality of the 'completed' flats is extremely questionable. There are some people who are having to have their kitchens pulled out, others who have had to have all the flooring taken out to fix pipes and so on and so forth. My friend, since receiving his flat has been waiting, and arguing with them to fix repairs for a further six months. The developer has only just completed his flat and judging by the occupany rate around him, there is still a lot of work going on. That is to say there are people who's flats are still not suitable a year and a half on and the developer feels they have a strong case that they don't have to pay them a cent. The only option to these owners is to take them to court either by themselves or as a group. Cheung Kong, as a cash rich organisation is more than capable of dragging the case on for an extended period until the owners run out of money or interest. They have the lawyers on the payroll so it costs them almost nothing if they don't lose.
I've taken a long time to get to my point, but the thing that strikes me most about this is the lack of legislation to protect home owners. Surely, where home owners have a limited number of vendors to chose from, the government needs to implement some policies to protect home owners. Instead of paying all the money to CK, perhaps the government should keep a bond equal to, let say, 30% of the amount. This would give developers the motivation to quickly complete the job and get it to the owners as quickly as possible. If there is a dispute over the quality of the work done, then this money should be frozen and a tribunal or similar arbitration body should be called in to action. They can have experts on the payroll who can determine if the claim is not valid and, if necessary, get workmen in to fix it and deduct this amount from the bond. When everyone is satisfied, the balance gets given to the developer.
I'm sure this sort of system is widespread and operating successfully in many countries. Why won't it happen here? Because the government isn't elected and so there is no motivation to do anything to harm Beijing's friends in Hong Kong. Especially not the ever patriotic Mr Li Ka Shing.