no agreement with contractor then you cannot take any legal action.

Hi

First of all always have a written agreement in future before proceeding to such projects.

Now send a legal notice to both of them for speeding up their works. If they are registered contractor and architect then you can file a complaint against them in consumer forum.

Thank You

Sir issue a legal notice to the contractor asking him to timely complete the work and not to delay the same, if there shall be further delay after that a consumer complaint against the contractor can be filed for deficiency of the services. And the compensation for the delay can be seeked.

1) there is no written agreement with contractor abd architect

2) inform contractor that if he does not employ more workers you would award contract to third party

3) since there is only verbal agreement contractor would find it difficult to go to court and get any reliefs

You have no agreement with the contractor and architect and you have the option to change them because there is no written agreement you can send a notice to him citing reason for the delay after construction and efficiency in work why not applying proper labour.

You can discuss the amount of payment which is due and should be agreed by both the parties and change the contact.

1. Create a new Agreement with the Contractor/Architect with 'time clause' i.e. Time limit to complete the entire work. In the same agreement mention the compensation amount in case of delay on part of the contractor.

2. If u have not made the payments then change the Contractor.

3. If u have an agreement with the architect and details of payment thereof, you can sue him for Specific Performance of Contract.

1. Their service is indeed pathetic and it is a clear case of deficiency in service or pure inefficiency.

2. In either case you have two options- to cancel the contract, clear their fees and engage a new ones.

3. or to file a case before the consumer forum seeking injunction against them in not proceeding with the work anymore so you can engage fresh subcontractor and architect to finish the left over job and get the compensation from them for the delay and faulty work.

You have no contract with the contractor. So this augurs well for you. You can employ another contractor at anytime as the contractor cannot make a out a case for breach of contractual obligations in view of the fact that there is no agreement.

Hello,

File a case in consumer forum or you can file for specific performance if there is any agreement.

Regards

Dear Sir,

To bring everything on record it is better for you get issue a legal notice to the Contractor and threaten him to finish the work within next 60-90 days. ==================================================================================

Builder has to pay compensation if project is delayed - National Commission

Building projects are often delayed due to disputes between a builder, land owner and developer. Builders try to term these as force majeure, which means due to circumstances beyond their control, to avoid being held liable for deficiency in service. In a recent ruling, the National Commission has held that such disputes cannot be termed force majeure, and a consumer would be entitled to claim a refund along with interest and compensation when the builder is unable to complete the housing project in time. However, a builder can neither unilaterally extend the date of possession nor insist on allotting alternate flat or plot to escape refunding the amount.

Case Study: Shahin Mulla wanted to purchase a residential unit in “Amar Prem”, a housing project in Goa, to be developed by Utopia Projects. The entire consideration of Rs 30 lakh was paid in two instalments of Rs 15 lakh each.

The agreement for construction and sale was executed thereafter on February 24, 2012. It stipulated that possession would be given by September 2013, but the builder would be entitled to a grace period of four months, i.e. till January 2014.

When Mulla visited the site in August 2013, she found that even the foundation had not been laid. She got a legal notice issued to the builder, which was ignored. So she filed a complaint before the Goa State Commission.

The builder contested the complaint, explaining that they had been assigned development rights by RPC Builders and Developers, who had later committed various breaches and were also demanding extra payment for the property. As a result of the dispute, work could not commence. The builder termed the dispute as force majeureand not due to any wilful default. Utopia Projects also pointed out that the complaint was premature as it had been filed prior to January 2014, which was the date of possession inclusive of the grace period.

The state commission observed that the agreement provided that in case of any delay beyond the grace period, the builder would pay the purchaser a monthly compensation at Rs 50 per sq.ft. The defence of force majeure cannot be invoked as the agreement had not been terminated due to inability to perform it.

The state commission concluded that there was deficiency in service and ordered the builder to refund the amount of Rs 30 lakh along with 5% interest from the date of payment of each instalment till the extended date of possession. For the delay, the commission directed payment of a monthly compensation of Rs 50 per sq. ft. from February 1, 2014 till the date of payment. For mental agony, a further amount of Rs 1 lakh was awarded, which would carry 9% interest if not paid within 30 days

If there is no contract agreement and no specification about the time limit or any other issue in this regard between you and the contractor, you may not be able to take any action agaisnt the contractor other than sacking him and engaging the services of another contractor.

This applies to the architect too.

If the architect is not completing the task within a reasonable time, you may not pay him and inform him that you would look for another person for this job, let him claim anything, you can tackle it legally.

You should not be at their mercy, you can change them and move on.