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Contractors final payment & liability during DLP
26-Dec-2023 (In Arbitration Law)
I am working as a Manager contracts. Please advise me on my below defined issue related to completed contracts. My query is – ``My contractor had completed the job and it's final payment is in progress.A the work has been physically completed before 6 months ,DLP has started on that day only.During DLP some damages occurs and contractor is not cooperating to rectify the damages. Please advise whether I am in a position to deduct required amount from his final payment which is balance with me due to non-fulfillment of required documents.’’
This is a bit too tricky a question related to contracts. Since this is about fulfillment of a statutory requirement. Not merely fulfillment of a contract hence tricky. Any reasons why you have not asked the contractor to fulfill the deficiency?
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Adv. Krishnan Balakrishnan Nair
Pune | 100+ Answers
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Your query has limited facts to advise you..With limited facts, my opinion is that "All the terms and conditions has to be covered under a contract and any damage or post work support had to mutually agreed to bind him to do the work beyond work completion. In general, if the contract is discharged by performance then there is no liability that can be cast upon the contractor."
If you have a contract then I can peruse and help you find any obligations under which you can initiate action legally from legal notice to specific performance of contract ...
If you have a contract then I can peruse and help you find any obligations under which you can initiate action legally from legal notice to specific performance of contract ...
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Adv. Rajesh Singh
Mumbai | 25+ Answers
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