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Author Topic: Breach of Joint Development Agreement by Builder  (Read 622 times)

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Offline srik

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Breach of Joint Development Agreement by Builder
« on: December 21, 2015, 08:05:31 AM »
Hello Sir/Madam,

I entered into a JDA with a builder in Vijayawada, AP, about 4 yrs ago and we agreed upon the terms that the builder would complete the construction of the apartment in my land in about 1.5 yrs. The builder has constructed 3 floors out of 4 and now says that he doesnít have funds to complete the remaining floor.
Now, Iíve waited for more than 2.5 years and each time I approach the builder, all I hear from him is that heís into some financial crisis and will need more time to construct the remaining floor. Recently I started to feel that heís purposefully avoiding the construction of the fourth floor as he is gets only 60% share from a flat as his share, in the fourth floor that has 2 flats per floor (one belongs to mine). Now heís completely avoiding my phone calls and giving all kinds of nonsense excuses. Iím really fed up with him and want to get rid of him.

My question is that since the builder has breached the contract, can I go ahead and revoke the power of attorney given to him and handle the pending work to someone (another builder who is interested to carryout the pending work) else? If so do I need to approach a local court and get any order from them? Also, in such case do I need to get a no-objection certificate from the first builder?

Any help/suggestion regarding my problem would be much appreciated.

Thanks in advance
Srik

Offline srik

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Re: Breach of Joint Development Agreement by Builder
« Reply #1 on: December 23, 2015, 11:41:15 PM »
Any suggestions regarding my post. Please help!!!

Thanks

Offline Advocate M.Bhadra

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Re: Breach of Joint Development Agreement by Builder
« Reply #2 on: December 24, 2015, 08:35:29 PM »
Send a Legal Notice to the builder to revoke the Power of Attorney and Agreement and file a suit for Specific Performance Contract and Injunction in Civil Court.

M.Bhadra,advocate at Kolkata,9836589246

Offline adv.amarnath

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Re: Breach of Joint Development Agreement by Builder
« Reply #3 on: December 28, 2015, 06:59:42 AM »
Before you take harsh action against the Developer it is better you give a formal letter to him via registered post giving him a last opportunity to complete the construction as per sanctioned plan or else you will be bound to take necessary actions.

Now you have two options either to file case for compensation or to complete the construction by appointing another developer.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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