THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

(c) The amendments and rectification works might not affect the
plaintiffs’ individual units, but they affected and caused the
unreasonable delay in the completion of Phase 1 of the
project.
(d) SD3, under cross-examination also admitted that, the
Architect had to amend the plans, otherwise certificate of
fitness could not be obtained.
The 2 nd and 3 rd defendants ought to know that when the approved plan of
the authority was not complied with, amendments to this plan had to be
made and that would undoubtedly delay the completion of the work in time
for the CF to be issued and the delivery of vacant possession to be
handed to the purchasers because approval for the amended plan would
take a long time.
Had the 2 nd and 3 rd defendants exercised their duty of care with diligence
and competence, they would have detected or avoided or stopped the non
compliance of the contractors or engineers in the construction of the road
and drainage that was not according to the original approved layout plan.
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