CONSTRUCTION CONTRACT IN RETURN FOR FLAT
The construction contract between the landowner and the contractor is a contract in which the contractor undertakes to create a building by building independent sections on the land with its own materials in return for a certain land share or apartment to be transferred to the landowner.
SAMPLE PETITION FOR THE ANNULMENT OF THE CONSTRUCTION CONTRACT IN RETURN FOR FLATS
TO THE COURT OF …
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : Request for Cancellation of the Construction Contract in Return for Flats dated …/…/….
EXPLANATIONS :
1-) Our client has signed a Construction Contract in Return for Flats with the defendant … Construction LTD. on …/…/… date. (ANNEX-1) Pursuant to this contract, the defendant will build a 5-storey apartment building on the ….m² land at the address of … registered with the number … Island, … Parcel number in the Land Registry belonging to our client and will give our client the apartments on the ground and 1st floor. (ANNEX-2)
2-) According to the contract, the defendant will deliver the apartments to our client on …/…/… date. However, although … months have passed since the delivery date, the defendant has not completed the construction and has not delivered the apartments to our client.
3-) Therefore, it has become compulsory to file a lawsuit for the cancellation of the said contract.
LEGAL GROUNDS : 6098 S. Code Art. 470, 473
LEGAL EVIDENCES :
1-) Title deed records,
2-) …/…/…/… dated Flat-for-Floor Construction Contract
3) Discovery,
4-) Expert examination.
CONCLUSION AND REQUEST : For the reasons explained above, I respectfully request your Honorable Court to cancel the contract made with the defendant on …/…/…/…, and to order the defendant to bear the costs of the proceedings. …/…/…
Counsel for the Plaintiff
ATTY.
ANNEXES
1-) …/…/…/… dated Construction Contract in Return for Flats
2-) Title deed records,
3-) One approved power of attorney sample.
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