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Date Posted: 09:41:35 08/30/06 Wed
Author: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk
Author Host/IP: host81-136-52-17.in-addr.btopenworld.com / 81.136.52.17
Subject: 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk
In reply to: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk 's message, "淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk" on 16:04:36 02/10/06 Fri

The front section of the Schedule should state the lease clauses and often these are fully types out. On some Leases such repairing/ yielding up/decoration clauses are very extensive and almost form a Specification in themselves. It is good practice to show the full wording of the clauses at the beginning of the Schedules, however, I leave this point for discussion.

Any pricing for the Schedule needs to be clearly backed up and havbe a consistent approach. you should always be aware the claim may eventually go to Court and if your costs are received from a hybrid of sources this does not create credibility. Obtaining a number of builders prices to verify the Schedule is often a good means of proving your costs. Iam reluctant to involve Contractors on such costings when there is uncertainly as to whether the works are to be carried out. As a Lessee Surveyor, I would also counter any Contractors estimates that are based purely on Schedules as they are often inflated due to the Contractors reluctance to involve detailed pricing and make reference to sub-contractors when works are uncertain.

Negotiations

Sometimes negotiations are difficult to maintain on professional basis and on a number of occasions I have found it similar to playing a game of poker. Both sides of the claim are trying to read how far they can push the situation, however, the following points may be useful:-

a)Ensure any claim involving VAT is be backed up by a letter from a person outside the Landlord's company e.g., Accountant , confirming the tax status of the Landlord. I have recently settled a claim with the Landlord agreeing for their Contractor to invoice my Tenant Client for the required works in order that VAT can be claimed. Ensure you distance yourself from such situations by requiring all parties to obtain advixce from their tax advisors prior to settling the claim.

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Replies:

[> [> 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk -- 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk, 09:45:13 08/30/06 Wed (host81-136-52-17.in-addr.btopenworld.com/81.136.52.17)

b)There is often a reluctance to involve having a valuaion carried out to prove a claim due to the additional costs. I have found however in an number of recent cases that the carrying out of valuation or even the threat of it can substanially reduce the cost.


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[> [> [> 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk -- 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk, 10:39:26 09/04/06 Mon (ah-resnet-nat-1.gre.ac.uk/193.60.68.134)

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