Construction - contractor delaying & leaving the worksite without completion
Mark
(Querist) 27 August 2012
This query is : Resolved
I had engaged a contractor (signed agreement) for the construction of my house 10 months time period with total cost of 37L + 15% Electrical + 15% Plumbing works.
Despite,
- 20% mobilization advance
- payment of bills on time
- advance against bills
after the structural works (cream of his billings) when it came to finishing works like
- Plumbing
- electrical
- tiling
contractor neglected the site totally. Several request to keep a qualified supervisor, ignored totally and thereafter the structural works done without supervision and poor quality. With the result the chajjas are undulated and demolished 2 times by the contractor and many faulty works are exposed, etc, etc. Despite setting deadlines to complete the works with almost 9 months of delay, the contractor winds up without any notice.
Calling him for detailing the works in the presence of Architects & engineers, did not attend the meeting with an excuse just 2 hours of the meeting.
My question is what is best method to take up this issue legal - consumer forum or courts & advocates? How can I put an end to such deceitful behavior of the contractors?
Devajyoti Barman
(Expert) 27 August 2012
If there is no Arbitration Clause in the agreement with the contractor then going for the Consumer Forum would be wiser decision.
Mark
(Querist) 28 August 2012
Thanks Devajyoti Barman. The clause states:
8. If the Contractor shall fail to comply with any of his obligations hereunder or shall wound up his business shall be dissolved or any receiver is appointed or any attachment is made in respect of any its properties or the contractor shall otherwise fail to neglect to complete the said job within the stipulated period, then on the happening of any such event, the Employer shall be entitled to cancel this contract and to get the unfinished job done at the cost and risk of the Contractor by a third party and if the employer suffers any losses in this regard, the contractor shall be liable for the same namely -, payment or reimbursement incurred in completion of the project for such losses. The decision of the arbitrator/Engineer in regard to the quantum of such losses will be final and binding on parties hereto. Upon such termination of this contract, there shall be adjustment of any payments made to the Contractor by the Employer and the Contractor shall, if required by the Engineer/Arbitrator refund any such amounts to the Employer.
9. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in Bangalore and only courts in Bangalore Jurisdiction shall determine the same.
Can I still go to the consumer forum?
Mark
(Querist) 28 August 2012
Thanks once again Mr. Barman. Indeed, grateful for your kind direction.
