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RAJ (Process Expert)     28 June 2023

Guidance on builder construction agreement

Hi Sir/Madam

As my previous content is lengthy and not able amwnd reposting same here for easy reading.

I am writing to you today to seek your advice on a matter of great importance. I recently engaged a builder to construct my house, but I have since come to believe that he has taken advantage of me.

The builder initially promised to provide me with construction services at a low price. However, the agreement that we signed was heavily in his favor. The construction period was longer than he had originally promised, and I was not entitled to any compensation if there were delays. Additionally, I was prohibited from interfering with the construction process.

I have now paid nearly 50% of the total amount, but the progress on the construction is significantly below what should be expected. The builder has frequently changed his commitments, and he is now holding onto the majority of the money, even though the work has not been completed to that extent.

I am seeking your advice on how I can recover the amount being held by the builder and proceed with engaging a different person for the construction.

I would be grateful for your expertise and guidance on this matter. Thank you for your time and attention.

Sincerely, Raj



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 4 Replies

Dr. J C Vashista (Advocate )     29 June 2023

You should have denied to accept terms of agreement when you observed the agreement was almost one-sided. It cannot be reversed at this stage.

Issue legal notice for violation of contractual obligation otherwise cancel the agreement ask the builder to stop work, vacate, the premises and refund the amount where work is still not complete.

it is better to seek professional services of a local architect, structural engineer and lawyer..

1 Like

T. Kalaiselvan, Advocate (Advocate)     29 June 2023

There was no compulsion on you to accept the terms as stated by the buiilder in the construction agreement. You pretty well knew about the one sided agreement, you should have avoided it or cancelled it.

Even now you can issue a legal notice to him stating various allegations against him including the materials used for construction are substandard and also for the inrodinate delay as one among the reasons for cancelaltion of agreement, and then file a caveat petition before local court and proceed with another builder to progress your incomplete work.

1 Like

RAJ (Process Expert)     29 June 2023

Kalaiselvan and vashista  Sir,

 

Thanks for your reply.

My humble questions since it is mentioned artibtration only allowed can I skip and proceed to court.? 

I hope one sided agreement which shows explicitly in favour of builder, will the court accept it as an agreement?

 

Pls advise

 

T. Kalaiselvan, Advocate (Advocate)     29 June 2023

You can very well approach consumer redressal commission. 

Supreme court itself has come down heavily on the one sided agreement as invalid. 

You can approach consumer forum 

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