• Payment not made to dam contractor work not done whose responsiblity

I am a dam contractor ,I have not been paid my dues of rs 50 lacs since the last 5 years inspite of continious pressure on the department ,this may they did a site inspection and asked me to do some emergency works for dam safety since the monsoon was coming ,they promised to pay my dues once i started the work ,i started the work and completed substantial work and they did not pay me so i stopped the work in between giving them in writing that pay me or else work will suffer ,they did not reply ,after the monsoon started they gave me a letter that emergency works was given to u for dam safety and you did not complete it so if the dam is in danger it will be fully your responsiblity ,i quote THE SUPREME COURT OF INDIA AIR1961 ,SC 990 "FAILURE TI MAKE PAYMENT AND WITHHOLDING SUBSTANTIAL AMOUNT IS A BREACH OF CONTRACT ,IT MAY JUSTIFY STOPPAGE OF WORK ,ABENDON THE WORK AND SEEK COMPENSATION "so i ask you they did not pay me for 5 years and are still not paying me how can i do the work and how can i take the responsiblity if anything happens to the dam ,i cant sell my house and put the money on the dam please help me and guide me
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

You are not responsible if any danger is caused to dam

2) you have not been paid for 5 years you can stop the work

3) issue legal notice to recover your outstanding dues

4) if no payment is made sue the government to recover your dues

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

See in my view it would be best to issue a notice to the government department to make your payments, further since there is urgency in issue, file a writ for directions can be filed to release the funds so that you can complete the work. As in case there is any lapse though you can shun away the liability but the damages can be caused and loss of life.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You have unnecessarily waited for so long by running around the office for your money without seeking legal recourse.

2. Now it is high time that you seek the intervention of court and protest their actions.

3. So file a writ petition in the nature of mandamus so the court directs release of your pending money.

4; However if in the tender there is arbitration clause then you will have to invoke such clause. Otherwise writ petition should give you desired result.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firstly, Sir, no one can put blame on you just for a reason that they have said so in the letter to you.

Secondly, it was their responsibility to get the work completed you were just the contractor to it.

Thirdly, they have done injustice with you as well as the public.

Fourhtly, you can file a suit for recovery of money with the condination of delay application stating that you always demanded but they didn’t pay.

If there is any contract then I advice you to send me the copy of the same so that can guide you more precisely.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Approach the High Court and file a wri petition.

Since in your case rhe liability is admitted and undisputed, the govt is bound to clear your dues.

See a lawyer practicing in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Contact a lawyer and immediately approach HC and file a writ petition under article 226 of the Constitution of India.

Get in touch with a lawyer alongwith the entire set of documents, which will show that the bills are admittedly pending.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file a petition in the High Court against the department for the beaches of tender conditions and claim amount outstanding including the interest for the period and legal charges for the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

Present matter includes both personal and public interest. Is there any dispute resolution clause in contract/agreement ? If not than file Writ in high court to get yourself resolved from any liability arise in case of any mishappening.

Seek relief for release of payment so that safety work can be resumed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have received legal notice based on the false allegations, you may very well give a proper reply to the notice and file a case for recovery of the amount due to you.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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