Construction Claims — Against Contractor or Builder

What This Service Is

When your contractor or builder fails to finish work on time, uses poor quality materials, charges too much, leaves the project unfinished, or delivers faulty construction, you have legal rights. You can use contract law remedies or seek remedies under tort law — this is the law dealing with civil wrongs that cause someone to suffer loss or harm. However, construction disagreements often involve many facts, complex technical details, delays that happen at the same time, calculating the cost of defects, and often many sub-contractors or other builders the main contractor hired.

Without a legal expert who also understands engineering, these claims are often undervalued or lost. Our team at IndiaPropLaw has an engineering background (B.Tech, IIT Delhi). We also have over 20 years of experience in construction law. The Supreme Court of India has even appointed our team as a techno-legal expert — someone with both technical and legal knowledge — in complicated construction cases.

What the Service Entails

First, we will review your construction agreement — the main contract for the building work. We will also check work orders (instructions for specific tasks), progress reports (updates on work status), variation claims (requests for changes to the original plan), payment certificates, and defect notices (formal letters about faulty work). Second, we will prepare a Preliminary Claims Report. This report will calculate your recoverable damages — financial losses you can get back. This includes penalties for delays, the cost of defective work, an analysis of liquidated damages (a pre-agreed amount of money paid if a contract is broken), and your obligation to mitigate damages — your duty to take reasonable steps to reduce your losses. Third, you will have a 60-minute discussion with our counsel (legal advisor) to review the report. You will decide on the best way to approach your claim. Fourth, you will receive a Final Claims Strategy Report. This report will include a recommended action plan, advice on the best forum — the legal body or court where your case should be heard. It can also include a draft notice for arbitration (a private way to resolve disputes) or a court petition, if you ask for it. Finally, it will provide a checklist of evidence you will need.

Our Specialized Inputs

Construction contract disputes require you to understand both engineering facts and legal principles. This includes principles like concurrent delay (when delays are caused by both parties at the same time), the prevention principle (when one party prevents the other from fulfilling the contract), mitigation (your duty to reduce losses), and the scope of liquidated damages clauses. A liquidated damages clause is a part of your contract that sets a pre-agreed amount of money to be paid if the contract is broken.

Our IndiaPropLaw team has vast experience advising on construction claims. This includes claims under FIDIC (International Federation of Consulting Engineers) contracts, CPWD (Central Public Works Department) contracts, and specific developer contracts. The Supreme Court of India has appointed us as a techno-legal expert in major construction cases. We will help you create a claim that reflects your actual losses. This claim will be strong enough to withstand cross-examination — questioning by the opposing side to test its validity. It will also be positioned for the correct forum — the most appropriate legal body for your case.