Construction Contract

Gopinath (Querist) 23 September 2008 This query is : Resolved
This is regarding a dispute between the Owner and the Builder.
As per the agreement between the owner and the builder we should pay what was entered as sqt rate. But the builders agreement did not list about charging for Lift charges for the construction of property in the agreement no where or a disclousre. But now he says that is exculding the charges which we are suppose to pay irrespective of whether it is in agreement or not.
Please let me know what would be the final consequence if he is filling a case against us for not paying for the lifting charges which are not part of the agreement.
Thanks

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Guest (Expert) 23 September 2008
Generally lifting is done at the cost of the Owner, as he is the final beneficiary of the process.

If contract is silent, the provisions of the contract operate, or local customs come into operation. If the local practice is that lifting is on you , then you may not have a case, but if it is otherwise, you can go to court.

H. S. Thukral (Expert) 23 September 2008
Since your contract is a job rate contract,the law on building contracts says that the contractor has to what ever is necessary to do the job. Let him file the case then seek more opinion from the forum.

ARVIND JAIN (Expert) 24 September 2008
LIFT SEEMS TO BE NOT A PART OF THE CONTRACT.

H. S. Thukral (Expert) 24 September 2008
Mr. Arvind Lift herein does not mean elevators. Lift means charges for taking material to higher levels. Isn't it Mr. Gopi Nath?