Dear Sir/Madam,
I humbly seek your valuable suggestions and guidance regarding the following matter.
After considerable effort, I managed to find an individual online who offered to construct my house. He claimed to provide construction services at the lowest prices in the market by reducing his profit margin, citing his relative newness to the industry. While discussing the project, I considered the possibility of cost savings by using alternative brands instead of leading ones. Due to my limited knowledge in this area, I did not request specific details such as the number of windows, switches, tiles, etc.
Initially, I made an advance payment for the drawings, which I found unsatisfactory. When I requested a refund, he refused, stating that the payment served as a booking fee and he had missed other opportunities because of it. Subsequently, during the agreement signing process, I discovered that all terms were in favor of the builder. The construction period mentioned in the agreement exceeded his initial oral promise, and I found clauses indicating that I would not be entitled to claim any compensation if the construction faced delays. Additionally, I noticed that the customer was prohibited from interfering with the construction process, and any violation would result in a 10% compensation charge. The agreement also failed to mention any warranty terms.
I acknowledge that it would have been prudent to consult a competent lawyer prior to signing the contract and that I am unable to justify my failure to do so. However, as a victim in this situation and being inexperienced in such matters, I have come to realize that the payment terms for specific milestones are much higher than the work completed thus far. I have paid nearly 50% of the total amount, but the progress on the construction is significantly below what should be expected. The builder retains a substantial portion of the payment.
I am discontent with the construction process being carried out at my site. The builder frequently changes his commitments. For instance, he initially agreed to use specific bricks at the same cost, but later reneged, stating that he incurred losses and will not proceed with the agreed plastering work. I fear that I may encounter further issues as the project continues.
I kindly request your advice on how I can recover the amount being held by the builder and proceed with engaging a different person for the construction. The agreement stipulates that any disputes should be settled through arbitration and prohibits resorting to the courts.
Considering the agreement's unfavorable terms for the customer and its lack of sufficient details, I am unsure of its validity. Could you please enlighten me on the appropriate course of action if I believe the builder has taken advantage of me?
I sincerely appreciate your expertise and guidance.
Thank you and warm regards.
Raj
