Legal Question in Construction Law in North Dakota
contract
I own a construction co. in ND. I sold a building to ''Jack''. The materials were ordered and delivered. I was scheduled to erect the building next week. His daughter called and said he died. They don't want the building anymore. The materials have been paid for and delivered. Since it was ordered to his preference it can not be returned to the company I order from nor can I use the materials unless I would sell the exact same building to someone else, whcich then
I would have to have them delivered to the other site. The contract we signed says nothing about returning a building or what would happen in the event of a death. What are my rights and obligations?
2 Answers from Attorneys
Re: contract
I presume that the contract was signed in India. In that case, the Indian Contract Act 1872 will apply. Even if there is no stipulation in the contract about returning building or what would happen in event of death, the obligations under the Contract would have to be fulfilled by his legal heirs, as it is generally mentioned in the preamble of any contract that the PARTY includes his successors, assigness, legal heris etc. You can sue them for the damages suffered by you on account of breach of contract by them by abandoning the Contract.
Sunil Goel, advocate
New Delhi 09810215488
Re: contract
Dear Contractor: While I am not admitted to practice law in your state, the laws regarding contracts are generally uniform and essentially the same in most states. The terms of your written contract, signed by the buyer, will govern. Your claim is now against the estate of the buyer. Please do not delay in retaining the services of an experienced Attorney, to assert your right to payment, in full, for the materials delivered.
The estate may wish to permit you repurchase the materials at a distressed price, just to get rid of it. Good luck.
Sincerely, J. Norman Stark
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