• Labour agreement to build my house contractor is harnessing does know the work

I made an agreement with the contractor to build my house.Agreed to pay 30% when brick work .and 35% on first slab remaining amount to be paid on inner and outer plaster and gataka to be laid for flooring. Rate was agreed total Rs.130/- above foundation (DPC level) and agreed that first floor slab would be measured .(GST extra).
During the execution of work I found that contractor is not paying full attention .my work left on Labour. They raised one wall which is not in a map. They raised one pillar which was broken later. I reminded him time to time but in vain, but lost my patience only when they were putting up slab (lenter) after a minute the supporting plates of one room fallen down with material. Then I asked my contractor that my contract is no more valid though you have laid the lenter of room again but I do not want to go with you.
He submitted a bill demanding 30%+35% amount and 20% of total bill more saying that I have broken a agreement. Where as there was no such clause and more over he is demanding GST 12% not only on 65% but on 85%. Please advise me what to do
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Send him legal notice and file suit in consumer court for breach of agreement and deficiency in service

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

It is necessary to peruse contract entered into by you with contractor for construction of house

2) if he has done shoddy work issue notice to him to terminate contract on account of poor quality of work done

3) enclose photographs of poor quality work done

4) claim damages for loss suffered by you

5) refuse to pay 35 per cent more demanded by contractor

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Hi, it is advisable to issue him a legal notice for the cancellation of the agreement due to deficiency of his work ..However, legally we are only bound to pay for the amount of work done

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Send him legal notice regarding restricting him to do work and cancel the agreement done with him. You do not need to follow much procedure to get rid of him. File consumer suit for deficiency in service so that he cannot take action against you for non-payment.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

hello

you made an agreement with the contractor to build your house. do you have a written and registered contract agreement? considering that you have one, a suit for specific performance of the contract should be promptly filed in the district civil court. if the agreement contains arbitration clause then you should settle the matter through arbitration.

in case you don't have the agreement then too, you can sue him for damages and not perform his part of the agreement and for negligence in the consumer forum.

to get rid of him, file an FIR and a civil suit for damages and negligence.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Firslty, as it has been stated by you sir that no such clause is there in the agreement then you may not need t worry that much.

Secondly, in fact you should file a suit for breach of contract and ask for the compensation also.

Thirdly, as he has not worked as per the agreement but only trying to run away from his responsibility.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. If he did not execute work according to the contract then you ought to have served a lawyer's notice on him to cancel the contract, else the contract subsists. Serve the notice even now immediately.

2. Serve the lawyer's notice on him to cancel the contract and refuse to pay the amount demanded by him on the ground that he has breached his contractual obligations.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You may sue the contractor for not observing the contract and ask for specific performance of contract at his own expenses and damages, besides compensation etc. In these, days the contractors also can be taken to RERA court as well as to civil court. Do not pay, rather sue him for damaging your times as well as property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You don't have to pay for all that illegal demands. You just pay if you feel he has done any legitimate work. You can file Consumer Complaint against him for defiency in service if you need.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

Whether the agreement was registered?

If not then give a notice to him intimating the cancellation of agreement for the reasons that he breached the contract conditions.

If he has demanded the money by notice you may give a reply denying his allegations and his demand.

You can challenge him in the court of law on merits with the support of documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You can terminate the agreement as suggested in my previous post.

If he is creating any problem then you may approach police with a complaint against him.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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