New HK$23 million home unsafe due to leaking gas, seeping water and colonies of ants, lawsuit claims

A Hong Kong property developer is being sued by a homebuyer who claims his new HK$23 million (US$2.96 million) house is unsafe because of gas leakage, water seepage and colonies of white ants and fungi.

Bruce Lee Chun-pong filed a statement of claim for unspecified damages against Stanley Investments, part of property developer Cheung Kong Group, over the home at the Crescendo development on San Tam Road in Yuen Long.

Lee bought the three-storey property – which came with a garden and carport – for HK$22.92 million from the defendant in 2017, with the intention of moving in before Lunar New Year in 2018, court documents show.

Lee’s lawyers said he was forced to abandon the plan due to a series of “defective and incomplete building works” that violated the sale agreement dated August 25, 2017. Lee said he informed Stanley Investments the next month about hollow-sounding tiles, water stains and a cracked marble wall, well within the six-month period for rectification of defects.

But only minor problems were fixed and workers failed to look for the source of water seepage or replace the tiles, walls or stained floors.

Lee then found the property had no gas supply and contacted the management office for help, he said.

When Towngas technicians arrived on April 6, 2018 and turned on the gas supply, they discovered there was a leak and advised Lee to evacuate as they believed at least one pipe in the building was damaged.

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To track down the source of the water and gas leaks, Lee hired building surveyors from Silver Consultants and Engineering, who found the property “extremely susceptible to rain penetration from its top” because of defective waterproofing.

They determined the damaged gas pipe was “obviously the product of defective building works performed by the defendant” and suggested opening up the walls to find the source, according to the writ.

After Lee’s lawyers issued a pre-action letter and demanded compensation from the defendant in August 2018, the company carried out its own inspection.

Lee found further signs of water seepage as droplets seeped into walls and formed paint bubbles, in addition to the extensive stains and mould on the ceilings, walls and staircases.

He found colonies of white ants around the house as well as fungi sprouting from slits of the wooden staircase.

By August last year, “a huge crack on the ceiling finishes” appeared in the second-floor bedroom, directly underneath the roof, caused by the water seepage.

More recently, he noticed floor tiles would sink and furniture shake when he walked on the first floor, which his surveyors believed could be due to structural defects.

Lee’s lawyers complained the company had failed to fix the hollow-sounding tiles, cracked marble wall and stained staircase, or to complete promised recreational facilities such as a swimming pool.

Lee is seeking compensation for remedial work, the cost of hiring surveyors and damages for physical inconvenience and discomfort suffered.

“Without a functioning gas heater, the plaintiff cannot even take a hot bath in the property,” his lawyers said.