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Date Posted: 03:31:36 01/31/06 Tue
Author: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk
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 02:36:42 01/31/06 Tue

Dear Sir/Madam,

Re: House 32 including a garden but excluding the gurage Beaulieu Peninsula, No.2 Yu Chui Street, Tai Lam

Further to our 2 joint inspections at the Subject Premises and consideration of the information supplied by both parties, ie, the Landlord and the Tenant, both verbally and in writing, I append herewith my decison on the dispute as follows:-

1.0 THE INSTRUCTION
My instruction is as per the letter from Messrs. Chan and Cheng to the President of the Hong Kong Institute of Surveyors dated 11th October 2004 ref:(2)21070/CSS:LSL and includes the following:-

1.To inspect the Premise to vertify whether the alleged defects or want of repais, etc., are within the responsibility of tjhe Tenant or within the resposnsibility of the Landlord based on the terms of the relevant tenancy agreement.
2. To decide on the estimate costs and expenses of the remedial work(s), if necessart.
3.To decide on the date on which the Tenant should be regarded to have delivered possession of the Premises to the Landlord.
4.To decide on which party shall bear the costs of the independent surveyor in the matter or in what proportions his costs should be borne by the parties.

2.0 BASIS OF ASSESSMENT
My assessment shall be based on the terms of the tenancy agreement, my inspection findings, and all revant information, supplied by both parties. In reaching my decsion, I will also consider the issue of fair, wear and tear.

3.0 MY DECSION
3.1Alleged defects
My decsion on the alleged defects as claimed by the Landlord is detailed in Appendix I. I consider that the total cost of remedial works required to be paid by the Tenant is in sum of HK$12,700.00.

3.2 The date of handing over of the Premises to the Landlord

I consider that the noted defects are of a minor nature and will not adversely affect the occupation of the subject Premises. Therefore, I decided that the date of handover of the Premises to the Landlord is on 31 August 2004.

3.3 Costs sharing of the parties

I consider that the following costs are to shared among the parties in the folloeing manner:-

a. Fees of the independent surveyor:to be shared on 50/50 basis
b. Cost of the independent electrician at the sum of HK$1,400 (see invoice at Appendix II):
c. Cost of the electrican appointed by the Landlord in the sum of HK$1,300 (see invoice at Appendix III):

the amount which the Tenant should be responsible has already been included in the cost of remedial works detailed in Appendix I and the Landlord should settled this invoice

d. Cost of the invoice submitted by Kung Sheung Engineering and Contracting Co Ltd to check the steam bath in the sum of HK$450(invoice at Appendix IV)

I trust I have fulfilled my instruction as detailed in Section 1.0 of this letter. I attached Herewith at Appendix V my fee summary for service rendered, as well as the relevant invoice which each party should paid HK$10,062.50, after deduction of the advanced payment mad to me of HK$10,000 from each party. Please note that the said amount to be payable be each party to me includes the half cost (ie. HK$700) to settle the invoice submitted by the independent electrican. Upon receipt of the said payment, I shall reimburse the electician accordingly.

Thank you for your invistation of the submission of fee preposal of the captioned services, we would like to submit our fee preposal, organization chart, tenative programme, job reference, as well as the CV of our key staff for your reference and consideration.

In addition, we would like to purpose to use "3D-Max (Vewr.5.0)" as the computer sodtware for the prepartion of 3-D simulation and no full time on-site supervision staff is provided as stated in this fee proposal. However, if such site staff is required under this contract, we would like to propose another fee for your further considering.

Should you have any queries, please feel fee to contact the undersigned at 2882 7100.

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