Related to my previous question 23sq building constructed on oral contract . 40%work is pending 40%materilas we have only provided . Contractor has stopped working past a week.And has given a bill of 14L excess. But according to me 2lakh would finalise .when asked for explanation he says I have spent 6L excess for sand and steel from my pocket. Somehow he has manipulated area also.1700rs was discussed earlier now 14L excess comes to 2000per sqft. I feel they manipulated to get it to that rate Architect is also refusing to give the drawings I don't even have an updated floor plan . No abd with architect we have a great trust on both of them . They have 3 main door keys and have given only 1key to me. Electric file is with them . From previous answers I uderstand excess owners need not pay . can I refuse to pay excess? If he refuses to do work can we get work done from other people or it become an issue ? Does he require 10ton of steel for 23sq building ? 5250cft excess sand ? He has mentioned debris transport 40k should we pay that ? Or Can we give legal notice to both of them and change contractor ?
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Refuse to pay execess amount
2) if contractor sues you to claim
exvess amount he has to prove that you agreed to the same
3) you can terminate contract get work done by another contractor
4) issue legal notice to contractor
5) regarding quantity of steel required civil contractor would guide you
Yes you can refuse to pay the excess amount and can further ask them to complete the task in given frame of time. If he refuse you can either file in consumer court for deficiency in service as he took amount and now not working or can appoint other builder to complete same.
Yes you can give them a legal notice and can change the contractor further sand and steel amount should payable or not that can be decided based on the oral agreement between you and the builder.
sir it will be very difficult to arrive at a consensus as you have an oral contract with the contractor
so the terms are not settled
so there will always be scope for non-consensus between the parties relating to the expenditure and billing
i suggest you work out amicably with the contractor
if you feel he is overcharging then terminate his contract after paying a mutually agreeable amount
there is no use pursuing this legally in absence of a proper written contract
how will you prove the terms of the oral contract?
File a writ petition against the said scam before HC. This is common issue faced by everyone nowadays
Dear Sir,
Your last option is best option. You can get issue a legal notice and change the contractor. Let him go to civil court if he wish.
If you find that the excess amount demanded by the contractor is unjustified and not maintainable, you may issue a legal notice to him stating the entire details and point out that he is trying extort money using your weakness as a owner of the site.
You can terminate his services and engage the services of a new builder also.
Let him go to the court, which can be challenged properly.
