Kg 10 December 2017

Documents needed

Sirs / Mams

We have taken one job of construction of half – left Building with authority to collect balance sale-consideration from the purchasers of Flats in that building .

Only 10% work was pending and accordingly 10 % sale-consideration was balance.

The ‘Deed of Assignment’ was made between Builder and us and we were bound to complete the said Job in three months

But the said job could not be completed in three Months for Builder’s mistake and hence the Builder orally told us to complete the same in further 03 months and he is ready to sign any documents

Query

So Should we make fresh “Deed of Assignment” or a simple letter of extension of time period from builder is sufficient to do work and to legally collect balance sale-consideration from the purchasers of Flats in that building

Guide

HARIOM

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2 Replies

KISHAN DUTT KALASKAR (Advocate) 10 December 2017

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fayyazz (officer) 17 December 2017

I believe you are a construction contractor who has taken incomplete building construction contract from a builder. The remaining work is of 10% to complete the building. Instead of “Deed of Assignment”, I am of the opinion that :

1) you should have entered into a “Construction Contract” with the Builder (who I presume is also the plot owner).

2) If the Plot owner is not the same builder then you should have entered into a tripartite agreement with the Plot owner + Builder + yourself as three parties.

3) You were supposed to review the current status of 90% completed work before entering into any such contract, if the same is approved by the Consulting Engineer/local authorities.

4) As long as the Builder (who is presumably also the plot owner) is ready to sign extension of time, you need to draft an addendum of the your existing “Deed of Assignment” and you need to take care of all the above points in your addendum.

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