1. The first defendant Ask to receive and reject for lawsuit of the plaintiff filed with the following details
1.1 The first defendant Recognized as business entrepreneurs about trading land and housing in the Sanuk resident housing project. And in the construction of houses in the project to sell to customers. The first defendant, is the designer of the plan and the construction project in multiple defendant released to customers in General. By qualified technicians
Home construction disputes, which is in the land title deed No.1039 (At present, divide the title deed No. 54541 ) Sub - district of Nongkae District of Hua Hin Province of Prachuapkhirikhan . The first defendant is operated by the construction of the project to be sold to customers. The majority of construction completed and nearly completed a domestic dispute, but there is some work yet to be completed before agreed to sell for the both plaintiff
Clause 2 the both defendant no employment to the first defendant the construction the house according Constriction Agreement the date of 8th July, 2005 and the first defendant never employment to the second defendant to construction the house .because the first as the owner of the Sanuk Resident Project a construction contractor for disposal as respectfully as above. and about the mount of July 2005 the both plaintiff as a customer come to visiting of project and interesting to purchase the house as above .By the both plaintiff have to check the house dispute with the plan many time, Until satisfied has been made pursuant to the plan and construction standard in all respects. as intent of the both plaintiffs. Have agreed to buy the home from the first defendant . At that time, home construction disputes are not complete. Therefore have to make construction agreement dated such a contract instead of a purchase and sale agreement of the house dispute, which is the true intent of the first defendant and the both defendant , This is so that the both plaintiff is the owner of the structure and no need to register and transfer of the house for the plaintiff both again later and the assembly while the trading house dispute , the first defendant Still did not get a building permit from the municipal of Hua Hin. after the first defendant has to make Agreement and Receive of as some money of the house and to construction the has been finish, and then completed and delivered the houses for the both plaintiff . about on August ,2005 by the both plaintiff accept uncritically and move to residential on the date of delivered , as to delivered a house the both plaintiff have to check already and no any defect . and after the both plaintiff have to get the house .The second plaintiff has to permit building in her name at Municipality of Hua Hin, buy the Municipal Officehas to issue permit building for the second plaintiff .on 19th October,2005 . as appear regarding of document of complaint of the plaintiff no. 6
After the both plaintiff having a house and residential in the house , on about June 2006 the second plaintiff has to inform the first defendant about A defect in the construction of the roof leak, Cracks on the pavement and around swimming pool and need to the first to fixed of defect as above. and the first defendant has to fixed of the defect about roof leak , Cracks on the pavement and around swimming pool for the both plaintiff and satisfactory to the both plaintiff. by the dismantle roof and improve all new . Which the both plaintiff consented to accept as the first defendant has to fix about defect on the date of 30th August,2006 Without arguments whatsoever, after that the both plaintiff never to inform to the first defendant know about to find the defect cause to the construction as to non standard or to fix the roof leak or Other parts of the House has a defective happen again , until the past time is approximately 6 years. Since the day that the both plaintiffs were made to repair the roof, for last time. The first just to receive Notice of charge of damage from the both plaintiff Due to roof leak and the structure of the roof as to non standard of Engineering . by approximately of damages amount 2,238,275 Baht so never to inform to the first defendant for acknowledge or had a chance to check that a house dispute had much real defects and damage due to any reason and is the responsibility of the first defendant or not.
According to the photo of documents No.9 .Is not a photo about the Defect that the plaintiff claimed to have detected on November 2012 , but it a old photograph of the old job before the first defendant to repair for the both plaintiff on the year of 2006 as the defendant has to repair already.
Clause 3 The case, according to complaint of the plaintiff found on roof tiles crack and find leaks. The first defendant, who told about problem of the roof leak ,the first defendant has to repair for the both plaintiff finish already on August,2006 after the both defendant has to residential according as above mention in clause 2 by the skilled of technicians, and do not appear to leak roof again on November 2012 a period as 7 year after the first defendant have to delivered a house disputer for the both plaintiff . As the defect not happed of the first defendant has to construction or repair of the defect as to non standard or use the material not good quality or Concealed defect .Because the both plaintiff have to stay for long time and especially the house dispute located near the coast There are problems with the weather. have the hard every year . A defects arising due to the period of use Material conditions in construction surely deteriorate, according to the terms of use and the environment in General, which is by nature.
3.1 At Eaves No drain to the water exit And the term sheet waterproofing strip steel frame and which is not coated with corrosion protection it .The first defendant has told according of plan p the house disputer as the first defendant to construction sale to the both plaintiff ,have no detail to make the gutter or the drain at eaves ,so the both plaintiff have to know before agreed to buy the house disputer from the first defendant . However the first defendant has to construction by use the material of good quality and correct to the plan of house . as the water flows at eaves and cause to the ceiling collapse ,it is not caused by the first defendant . the construction not correct of the plan or use the material low quality and the both plaintiff has to check the plan and agree received home dispute without refused. as the defect for happed as above ,maybe cause of the plan of house has to construction for Balinese style. so have no the gutter for draining off water from the roof. so the characteristics of such a home, the first defendant. Shall not be responsible for defects that occur.
For in the part of the battens or a steel frame construction equipment. The first defendant use the coating material to prevent rust before installing the standards of construction in general of all the steps of the house construction .Because of the risk of corrosion, it may due to the environment of the house near the sea, air humidity and temperature .Which is an important factor that causes rust. especially about the structure have the period about 7 years. The defect as above has no happen from the first defendant for constructor or have any concealed Conceals. as not to be responsible as above
Clause 4. The both plaintiff has no right claims for damages or costs. Due to the removal of the roof tiles. Dismantling the roof Made cover Roof The roof tiles and roof tiles, antique wages. And other expenses such as the movement , the proceed the Value add tax, total amount 2,238,375 baht, due to the lawsuit plaintiff .Found the roof leak and the roof tiles crack just some area of the roof. so can to change the tile and close the leak as above as well as the steel structure corrosion can only change the defective .In the this case not important of any engineering to the removal of the roof tiles and all roof structures If the construction is damaged by suing plaintiff in clause 3,3.1,3.2 and 3.3 as true and the first defendant must to be responsible for the defect .shall be responsible only for the material and wages of to repair By evaluation and repair as amount not exceeding 100,000 Baht ,quotation according of the complaint no. 10 as not correct for the damage as the detail as appear regarding in the quotation of the job for the both plaintiff need to change. Which such work is not construction defects. The boat plaintiff no right claims for damages from the first defendant .
Clause 5 The both plaintiff does not describe of complaint a clear understanding of the condition of the allegations. How many of space that the roof leaks. How many the broken roof tiles, what of area and sheet gutter with any aspect much or how to not construction from the plan, how long Steel roof corrosion and how many of damage, for In order to assess the actual damage caused and according of document of complain no. 10 not to appear the clear detail about the job to the removal of the roof tiles and remove the roof structure it all remove or just remove of the part. or How to calculate. Furthermore, the plaintiff's claim to do cover the roof for protect the rain is a wages and material total 225,000 Baht. The first defendant How to conceal defects. As the cause to the first don't understand the complaint in actual , The first defendant unfavorable to fight the case which can't understand the state of charge of the case ,so the complaint of the both plaintiff it is a statement that obscure and Unlawful.
1. The first defendant Ask to receive and reject for lawsuit of the plaintiff filed with the following details
1.1 The first defendant Recognized as business entrepreneurs about trading land and housing in the Sanuk resident housing project. And in the construction of houses in the project to sell to customers. The first defendant, is the designer of the plan and the construction project in multiple defendant released to customers in General. By qualified technicians
Home construction disputes, which is in the land title deed No.1039 (At present, divide the title deed No. 54541 ) Sub - district of Nongkae District of Hua Hin Province of Prachuapkhirikhan . The first defendant is operated by the construction of the project to be sold to customers. The majority of construction completed and nearly completed a domestic dispute, but there is some work yet to be completed before agreed to sell for the both plaintiff
Clause 2 the both defendant no employment to the first defendant the construction the house according Constriction Agreement the date of 8th July, 2005 and the first defendant never employment to the second defendant to construction the house .because the first as the owner of the Sanuk Resident Project a construction contractor for disposal as respectfully as above. and about the mount of July 2005 the both plaintiff as a customer come to visiting of project and interesting to purchase the house as above .By the both plaintiff have to check the house dispute with the plan many time, Until satisfied has been made pursuant to the plan and construction standard in all respects. as intent of the both plaintiffs. Have agreed to buy the home from the first defendant . At that time, home construction disputes are not complete. Therefore have to make construction agreement dated such a contract instead of a purchase and sale agreement of the house dispute, which is the true intent of the first defendant and the both defendant , This is so that the both plaintiff is the owner of the structure and no need to register and transfer of the house for the plaintiff both again later and the assembly while the trading house dispute , the first defendant Still did not get a building permit from the municipal of Hua Hin. after the first defendant has to make Agreement and Receive of as some money of the house and to construction the has been finish, and then completed and delivered the houses for the both plaintiff . about on August ,2005 by the both plaintiff accept uncritically and move to residential on the date of delivered , as to delivered a house the both plaintiff have to check already and no any defect . and after the both plaintiff have to get the house .The second plaintiff has to permit building in her name at Municipality of Hua Hin, buy the Municipal Officehas to issue permit building for the second plaintiff .on 19th October,2005 . as appear regarding of document of complaint of the plaintiff no. 6
After the both plaintiff having a house and residential in the house , on about June 2006 the second plaintiff has to inform the first defendant about A defect in the construction of the roof leak, Cracks on the pavement and around swimming pool and need to the first to fixed of defect as above. and the first defendant has to fixed of the defect about roof leak , Cracks on the pavement and around swimming pool for the both plaintiff and satisfactory to the both plaintiff. by the dismantle roof and improve all new . Which the both plaintiff consented to accept as the first defendant has to fix about defect on the date of 30th August,2006 Without arguments whatsoever, after that the both plaintiff never to inform to the first defendant know about to find the defect cause to the construction as to non standard or to fix the roof leak or Other parts of the House has a defective happen again , until the past time is approximately 6 years. Since the day that the both plaintiffs were made to repair the roof, for last time. The first just to receive Notice of charge of damage from the both plaintiff Due to roof leak and the structure of the roof as to non standard of Engineering . by approximately of damages amount 2,238,275 Baht so never to inform to the first defendant for acknowledge or had a chance to check that a house dispute had much real defects and damage due to any reason and is the responsibility of the first defendant or not.
According to the photo of documents No.9 .Is not a photo about the Defect that the plaintiff claimed to have detected on November 2012 , but it a old photograph of the old job before the first defendant to repair for the both plaintiff on the year of 2006 as the defendant has to repair already.
Clause 3 The case, according to complaint of the plaintiff found on roof tiles crack and find leaks. The first defendant, who told about problem of the roof leak ,the first defendant has to repair for the both plaintiff finish already on August,2006 after the both defendant has to residential according as above mention in clause 2 by the skilled of technicians, and do not appear to leak roof again on November 2012 a period as 7 year after the first defendant have to delivered a house disputer for the both plaintiff . As the defect not happed of the first defendant has to construction or repair of the defect as to non standard or use the material not good quality or Concealed defect .Because the both plaintiff have to stay for long time and especially the house dispute located near the coast There are problems with the weather. have the hard every year . A defects arising due to the period of use Material conditions in construction surely deteriorate, according to the terms of use and the environment in General, which is by nature.
3.1 At Eaves No drain to the water exit And the term sheet waterproofing strip steel frame and which is not coated with corrosion protection it .The first defendant has told according of plan p the house disputer as the first defendant to construction sale to the both plaintiff ,have no detail to make the gutter or the drain at eaves ,so the both plaintiff have to know before agreed to buy the house disputer from the first defendant . However the first defendant has to construction by use the material of good quality and correct to the plan of house . as the water flows at eaves and cause to the ceiling collapse ,it is not caused by the first defendant . the construction not correct of the plan or use the material low quality and the both plaintiff has to check the plan and agree received home dispute without refused. as the defect for happed as above ,maybe cause of the plan of house has to construction for Balinese style. so have no the gutter for draining off water from the roof. so the characteristics of such a home, the first defendant. Shall not be responsible for defects that occur.
For in the part of the battens or a steel frame construction equipment. The first defendant use the coating material to prevent rust before installing the standards of construction in general of all the steps of the house construction .Because of the risk of corrosion, it may due to the environment of the house near the sea, air humidity and temperature .Which is an important factor that causes rust. especially about the structure have the period about 7 years. The defect as above has no happen from the first defendant for constructor or have any concealed Conceals. as not to be responsible as above
Clause 4. The both plaintiff has no right claims for damages or costs. Due to the removal of the roof tiles. Dismantling the roof Made cover Roof The roof tiles and roof tiles, antique wages. And other expenses such as the movement , the proceed the Value add tax, total amount 2,238,375 baht, due to the lawsuit plaintiff .Found the roof leak and the roof tiles crack just some area of the roof. so can to change the tile and close the leak as above as well as the steel structure corrosion can only change the defective .In the this case not important of any engineering to the removal of the roof tiles and all roof structures If the construction is damaged by suing plaintiff in clause 3,3.1,3.2 and 3.3 as true and the first defendant must to be responsible for the defect .shall be responsible only for the material and wages of to repair By evaluation and repair as amount not exceeding 100,000 Baht ,quotation according of the complaint no. 10 as not correct for the damage as the detail as appear regarding in the quotation of the job for the both plaintiff need to change. Which such work is not construction defects. The boat plaintiff no right claims for damages from the first defendant .
Clause 5 The both plaintiff does not describe of complaint a clear understanding of the condition of the allegations. How many of space that the roof leaks. How many the broken roof tiles, what of area and sheet gutter with any aspect much or how to not construction from the plan, how long Steel roof corrosion and how many of damage, for In order to assess the actual damage caused and according of document of complain no. 10 not to appear the clear detail about the job to the removal of the roof tiles and remove the roof structure it all remove or just remove of the part. or How to calculate. Furthermore, the plaintiff's claim to do cover the roof for protect the rain is a wages and material total 225,000 Baht. The first defendant How to conceal defects. As the cause to the first don't understand the complaint in actual , The first defendant unfavorable to fight the case which can't understand the state of charge of the case ,so the complaint of the both plaintiff it is a statement that obscure and Unlawful.
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