Exclusion clause and standard term in renovation contract
Querist :
Anonymous
(Querist) 21 December 2010
This query is : Resolved
I run a business of selling clothes and I had just acquired an old building which is adjacent to my shop. I decided to renovate the old building. So, I contracted with a contractor for renovation work to be done at the price of 300,000 dollars. As a result of the renovation work done on the old building, part of my shop was damaged i.e there appeared cracks on the wall of my shop. The cost of repair being adjusted at 20,000 dollars. Thus, I paid 280,000 dollars to him instead of 300,000 dollars as 20,000 dollars was to be used for repairing the damage on the wall. However, the contractor denied liability for the damage based on a clause stating that he will not be liable for any loss or damage arising out of the work carried out within the terms of the contract. Thus, he claimed the 20,000 dollars which i had not paid him. When the contractor gave me the final bill, it showed a total of 320,000 dollars. The additional 20,000 was for the cost of replacing leaking pipes throughout the building. The thing is I had signed certain standard terms and returned midway through the contractual period. One of the clauses stated that the contractor is entitled to levy additional charges for extra work which is required before renovation works can begin. May I know whether these two clauses were properly constructed as it was not ambiguous and do they satisfy reasonableness test. There is no similar UK Unfair Contract Terms 1977 in my country, may I know what can I do?
Devajyoti Barman
(Expert) 21 December 2010
From which country do you belong? Moreover to give proper reply of you query the agreement you are talkin about needs to be perused.In general the parties to the agreemenr remain bound to its terms and conditions if the same were not biased to any party in detriment to the iinterest of another or the same was exceuted under suspicious circumstances including the exercise of force or undue influence.
s.subramanian
(Expert) 22 December 2010
You are bound by the terms of the contract and you cannot claim any exception to them. You are bound to pay as per the contract.
