Praveen Darvesh
in Construction Law Civil Law Contracts Law Housing Law
Asked May 19, 2021

Can I withhold payment to builder till the work is complete?

  • 1 Answer

Dear Concern, I had purchased a flat and builder is demanding money from me. The total cost of flat is 40 lacs + GST and other items. So, in agreement of sale it is mentioned "10% of the total consideration to be paid to the promoter on completion of the external plumbing and external plaster, elevation, terreces with waterproofing of the building or the wing, completion of the lifts, water pumps, electrical fittings, entrance lobbies, plinth protection, paving of areas appertain and all other requirements as may be prescribed in agreement of saleof the building or wing in which the said apartment is located. Now my concern in, in this, builder has not completed terreces with waterproofing, completion of lifts (Lift duct is there but lift is not installed, Is this installation of lift?), paving of areas appertain (Is this the lobby area or the surrounding area in the society?- Lobby area is completed but surrounding area is remaining). So, I wanted to know if I can hold my payments and ask builder to install lifts, complete the terrece waterproofing and install paver blocks in society area and once that is done I will make the payment? or am I liable to make the payment now?

Answer 1

Yes you can withhold the payment because as per your agreement, the terms have not yet been fulfilled.

Agree Comment 0 Agrees about 1 year ago

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