• Can we claim the loss amount from the contractor

Sir, our construction work is jst started 2 months ago. till today contrction is correctected for 2 times because of contractors ill mind. he has not followed the civil engineer's contruction plan. some how we can know abt his work we supervised his work by cilil engineer. he just declined his work and orderd him re-stard newly.
sir he had made column pit 1foot  lesser than the actual plan. then p.c.c. also not done correctly. column also not fixed properly. 
he agreed to re-new. he destroy everything. then re-dig the column pit. after digging the pits he dint come to work not informed us.
we wait for 15days. then we asked abt the matter. he said he is running out of  labour so he cant continue the work. he has no problem if we go to another contractor. 
we have only paid for digging the pits.
but as he cheated us and stoped working without informing us we want to get back our loss amount from him which is made by him.

as per our contract- we will provide all the materials and he will provide labours and Masons. if any party fails to fulfil the need they can deduct 5% as per mutual consent. if any one go beyond the contract they can shelter the mater in proper court law.

now we have signed a written note from him where he is accepting all his faults.
what should we do?
how should we deal with him?
can we sue against him?
can the contractor make a stay order  aginst us as we demanding money?
Asked 2 years ago in Constitutional Law from Jharsuguda, Odisha
1) it is necessary to peruse contract signed by you with the contractor 

2) if contractor has committed breach of contract you can sue him for damages . 

3) if there is an arbitrator clause in the contract you can appoint arbitrator to resolve all disputes 

4)if there is no arbitration clause you have to file suit for damages to recover loss suffered by you 

5) contact a local lawyer and issue legal notice to claim loss suffered by you 
Ajay Sethi
Advocate, Mumbai
46856 Answers
2772 Consultations

5.0 on 5.0

1) As per the contract he has entered into with you he has violated it and therefore is liable to compensate you. You can issue him a legal notice demanding payment of compensation as stipulated in the agreement.

2) If he agrees to settle the matter complying to the demands in the notice the matter can rest there alternately you will have to take him to court to recover the loss you incurred due to his negligence.

3) He can not bring about any stay on the construction as he is at fault in the first place and to insulate yourself you will be sending him a legal notice.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

contact a local lawyer . issue legal notice as advised . obtain written opinion of engineer regarding shoddy work done by contractor . hope all payment to contractor has been by cheque against bills received . 
Ajay Sethi
Advocate, Mumbai
46856 Answers
2772 Consultations

5.0 on 5.0

You can issue a lawyer's notice to him to cancel the contract which had been entered into between both of you as he has committed constant breach thereof. After doing this you are at liberty to file a lawsuit to claim the refund of money which has been paid to him, along with interest and compensation. Engage a lawyer to issue him the notice for demand.
Ashish Davessar
Advocate, Jaipur
23173 Answers
641 Consultations

5.0 on 5.0

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