• Breaking the contract

Hi, i would like to break the contract with my contractor/ architect because he is not doing well. we made the contract on the stamp paper and i am wondering whether you guys would help me to finish the contract with ease.
Asked 7 years ago in Property Law
Religion: Christian

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6 Answers

If he has breached the contractual obligations then contract can be severed by issue of a lawyer's notice to him. It needs to be ascertained what is the nature and magnitude of violation done by him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your query lacks basis details like contents of the agreement.

2.Every agreement contains relevant clauses which deals with grounds on which the agreement can be terminated beofre its actual term.

3 So if the agreement authorises you to break it on the ground of deficiency of service then you can end it prematurely.

4.Breach of an agreement is a civil action for which aggrieved party can go to civil court seeking compensation.

5. Since in this case you are a consumer you can file case in consumer forum claiming damages and compensation and refund if excess payment is made.

6.In either case you have to have a good case to establish his deficiency of service.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) it is necessary to peruse contract signed by you with contractor to advice

2) if contractor has not carried out work as per specifications laid down in contract send him an email to remedy the defect

3) if he fails to do so then you can terminate the contract

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. if contractor has breached the contract so you have right to break the contract and take damages from him under section 73 of the Indian contract act.

2. if he has created such a situation that he is no longer willing to obey the contract but does not literally breached, you can break the contract under section 39 of the Indian contract act and seek damages.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If you have valid reasons for terminating the contract i.e., evidences for breaching the conditions of contract you may issue a legal notice to him stating the due to his act of breach of contract, the contract is being terminated .

The first step in getting out of a contract is to re-examine the initial agreement. Pull out a copy of your lease, and look closely at the language. In many cases, conditions for cancellation are included. You also might find a loophole or escape clause that might tell you how to get out early

A material breach of contract occurs when the other person involved does something to void the contract

Contracts depend on clear expectations, definite terms and a transparent subject that spells out all the details.

If you find anything against the above principle, you may call it off.

Having a base of familiarity about what makes up a contract and how you might be able to escape can help you stay cool in a variety of legal situations.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You can break the contract if the architect has not complied with all the terms of the contract entered in to by and between both of you.

2. If there is a term mentioned in the said contract specifying the way to terminate the contract, you shall have to comply with the said procedure to terminate your contract.

3. If there is no such term, then the said contract can be terminated by you on the above ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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