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John (Software Developer)     09 February 2015

Contractor is not able to complete the project

I have found an outsourcing team at India and signed a contract with them. The contract clearly state that, the team have 20 days to complete the project. I have paid 3 installments and 1 installment is pending. Now the development is dragging as they almost work 2 months on the project. The program is not completed, on top of that there are lot of bugs, which they are not agreeing to correct. I have forgone may features which was part of the initial contract to complete the project, but still they are unable to do it. Now they are asking for final installment. Do I have right to reject the payment request? Is it possible to make them pay the advance I paid even though nothing is quoted in the contract about that.



Learning

 5 Replies

praveen kumar (LEGAL MANAGER)     10 February 2015

You will have to present the original contract to get a proper advise on this.

John (Software Developer)     11 February 2015

any reply?


(Guest)

If no penalty clause, condition to complete the project in time, removal of defects before the deadline, withholding of payment on non-completion within the prescribed time, and abrogation of the contract are included, you cannot enforce any fresh clause other than the existing conditions of the contract.

 

However, the agreement is required to be examined thoroughly before any conclusive opinion is formed for your guidance.

compliance   11 April 2016

You must take advice from legal advicer.

JustAdvisor (IT)     19 April 2016

Since the original contract has not been presented here, please research sections 51 - 54, 73 -75 of Indian Contract Act to get answers to your query.


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