Ravi Singh
Asked August 14, 2016

Withdrawing the contract

  • 1 Answer

Sir, We have some property on roadside and we have sign a agreement with a local construction company to making small commercial complex but they are taking too much time to start they promise to start in one month and give us 2 floor in 6 monthd and also to construct 6 floor but know decrease the no of floor (because of govt issue), they are delaying by giving reason that some issue from municipal corporation (map was not passed till date). They also not show me the map what they have submitted. So we have decided to cancel this agreement what we do. We have signed agreement on Rs 100 stamp paper with construction time 3 year. Plzz advice us sir we are very thankful to you. Regards Ravi

Answer 1

Default avatar
Divya Maheshwari
Whatever they promised should be mentioned in the clauses of the contract you signed. That is to say, if in the contract it has been mentioned that the construction would start in one month and two floors would be built in 6 months then you could sue them. If not so, then time for construction has not been still expired. That is in the contract it has been mentioned that construction would start be completed in 3 years. The whole question would now be on when was the contract signed in order to determine the delay in construction. If it had been more than 2 years and still they haven’t started the construction. You can revoke the contract as the stipulated time taken for construction of 6 floors would be more than a year. So time is of essence in this when in a reasonable time contract hasn’t been started. Therefore, please examine the terms of the contract. If the contract contains the above mentioned provisions then you can withdraw the contract and sue them for non performance.
Agree Comment 0 Agrees 12 months ago

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