Client not paying charges to contractor
Gaurav
(Querist) 23 May 2013
This query is : Resolved
A contractor took a contract to paint the house. After the completion of work now client is not paying the remaining amount. About half (about 6 lakhs) of the agreed amount is yet to recovered.
What are the legal remedies can the contractor claim except the recovery suit?
V R SHROFF
(Expert) 23 May 2013
Why not recovery suit??
Guest
(Expert) 23 May 2013
See if there is an arbitration clause in the agreement. If that is there ask for arbitration or do as advised by Shri Shroff.
Guest
(Expert) 23 May 2013
Your query falls within business law, not the labour & service, as you have posted.
R.K Nanda
(Expert) 23 May 2013
file recovery suit within 3 years.
Gaurav
(Querist) 23 May 2013
sir
as such there is no written contract. the contractor is labour contractor type and not able to give the required cost fees.
can he file an application in Permanent Lok Adalat?
Raj Kumar Makkad
(Expert) 23 May 2013
In the given case, such contractor do fall within the definition of labour and he can knock the doors of labour inspector and then can file an application under section 15 of Wages act.
ajay sethi
(Expert) 23 May 2013
if you want fast recovery then summary suit is the answer .written quotation must have been given by painter and accepted by contractor .
Gaurav
(Querist) 26 May 2013
@ Raj Kumar Makkad Sir
Are you talking about "THE PAYMENT OF WAGES ACT, 1936"?
If yes, then will this construction work at home, be covered under definition in section 2(ii)(g)?
or there is any notification by government to this effect u/s 2(ii)(h)?
Raj Kumar Makkad
(Expert) 26 May 2013
Yes. I am talking about The Payment of Wages Ac, 1936.
The labour job of painting by a workman do come within the ambit of section 2(ii)(g).
Guest
(Expert) 26 May 2013
Dear Gaurav,
Please do not forget, the payment of Wages Act would apply on you for the purpose of payment of wages to workers, as you were the employer of the labour force, while your case with the principal falls within the ambit of the Contract Act. However, as the principal employer, the principal would be liable to ensure payment of wages to the workers by you, as a contractor and supplier of labour force4.
