• Contractor is late in giving possession

We had a site 30*50 where we started construction 2300sqft. without agreement with the contractor in aug2016 and after footing and raising pillars we had loan issues and could not continue and stopped till Nov 2017 . We restarted the work with same contractor from Nov 2017till date the work is on plastering is going on , For brick work and plastering only one Mason is working in our building if we ask him to put more workers he says he is having labour issues , same contractor started another building in dec2017 and there are labours there and work is proceeding faster and they have come for finishing stage also. Our outer plastering is also not started yet contractor has not been given any drawings from architect for plumbing elevation and compound he is again delaying for that reason .
So nowhow do we proceed is there any way we can take action on both architect and contractor . Architect for delaying drawings and contractors for not putting labours and taking up work faster .
Asked 4 years ago in Property Law
Religion: Hindu

10 answers received in 1 day.

Lawyers are available now to answer your questions.

11 Answers

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

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

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

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

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

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer