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S U B M I T T E D B Y : M S . R A F A T F O D K A R

R E G I S T R A T I O N N O : 2 1 2 - 0 7 - 2 7 - 1 0 7 7 2 - 2 1 4 1

COURSE TITLE : LAWS

OF SURVEYORS

COURSE NO : MQS 312 ASS IGNMENT NO : F IFTY SEVEN

[NATIONALINSTITUTEOFCONSTRUCTIONMANAGEMENTAND

RESEARCH]

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ASSIGNMENT

NICMAR/SODEOFFFICE

1.COURSE NO : MQS 312

2.COURSETITLE : LAWS FOR SURVEYORS

3.ASSIGNMENT NO : FIFTY SEVEN

4.DATEOFDISPATCH :

5.LAST DATE OF RECEIPT OF

ASSIGNMENT AT SODE OFFICE :

ASSIGNMENT

1.IN CIVIL ENGINEERING CONSTRUCTION PROJECTS THE PARTIES NORMALLY INVOLVED

ARE CLIENT, ARCHITECT, ENGINEER, QUANTITY SURVEYOR AND THE CONTRACTOR.

STUDY THE COMPANY/SITE YOU ARE WORKING AT PRESENT AND WRITE AN ASSIGNMENT

ON THE RESPECTIVE DUTIES AND ROLES OF EACH PARTY. WHAT IS LACKING IN THE

FUNCTIONING OF THESE PARTIES AND HOW CAN IT BE IMPROVED , IF REQUIRED, IF

REQUIRED TO BE?

2.WHAT ARE THE POWERS OF COURTS UNDER ARBITRATION AND CONCILIATION ACT

1996?

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ARCHITECT

1. TO UNDERSTAND THE REQUIREMENT OF THE PROJECT FROM THE CLIENT.2. PREPARATION OF THE INITIAL SKETCHES AND DRAWINGS FOR APPROVALS .3. GUIDELINES FOR PREPARATION OF BROCHURES/SELLING PLANS.4. PREPARATION OF MUNICIPAL DRAWINGS WITH AREA CALCULATIONS AS PER THE

MUNICIPAL/GOVERNMENT AUTHORITY BYE LAWS.

5. SUBMITTING PLANS AND OBTAININGN.O.C. FROM DRAINAGE DEPARTMENT ANDOTHER DEPARTMENT.

6. OBTAINING DRAWING SANCTIONS FROM MUNICIPAL AUTHORITIES FOR LAYOUTSAND BUILDINGS.

7. SUBMISSION OF RECORD PLANS/DRAWINGS TO MUNICIPAL AUTHORITIES.8.

COMPILING ALL THE DRAWING WHICH IS TOTALLY SELF EXPLANATORY IN ALLRESPECT, STATING ALL SPECIFICATION, SIZES AND LEVELS AS PER THE LIST AND

DETAILS.

9. VISIT THE EXECUTION WORK PERIODICALLY TO SOLVE ANY QUERIES RAISED BY THESITE ENGINEER/CONTRACTOR.

10.VISIT THE SITE TO INSPECT AND CERTIFY QUALITY AND WORKMANSHIP OF EVERYCONSTRUCTION ACTIVITY.

11.HE MUST ENSURE THAT HIS PROFESSIONAL ACTIVITIES DO NOT CONFLICT WITH HISGENERAL RESPONSIBILITY TO CONTRIBUTE TO THE QUALITY OF THE ENVIRONMENT AND

FUTURE WELFARE OF THE SOCIETY.

12.HE SHALL APPLY HIS SKILL TO THE CREATIVE , RESPONSIBLE AND ECONOMICDEVELOPMENT OF OUR COUNTRY.

ARCHITECTANDSOCIETY

1. HE HAS TO PROMOTE THE ADVANCEMENT OF ARCHITECTURE , STANDARD OFARCHITECTURAL EDUCATION RESEARCH TRAINING AND PRACTICE.

2. HE MUST CONDUCT HIMSELF IN A MANNER WHICH IS NOT DEROGATORY TO HISPROFESSIONAL CHARACTER NOR LIKELY TO LESSEN THE CONFIDENCE OF THE PUBLIC

IN THE PROFESSION NOR BRING ARCHITECTS INTO DISREPUTE.

3. WHEN WORKING IN OTHER COUNTRIES HE MUST OBSERVE THE REQUIREMENT OFCODES OF CONDUCT APPLICABLE TO THE PLACE WHERE HE IS WORKING.

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ARCHITECT ANDCLIENT

1. IF IN PRIVATE PRACTICE TO MAKE KNOW ONE`S CLIENT ABOUT THE CONDITIONS OFENGAGEMENT AND SCALE OF CHARGES AND TO AGREE THAT THESE CONDITIONS

SHALL BE THE BASIS OF HIS APPOINTMENT.

2. NOT TO SUB-COMMISSION ANOTHER ARCHITECT OR ARCHITECTS THE WORK FORWHICH HE HAS BEEN COMMISSIONED WITHOUT PRIOR CONSENT OF THE CLIENT.

3. HE IS PROHIBITED TO GIVE DISCOUNT, COMMISSION OR OTHER GIFTS OR INDUCEMENTFOR THE INTRODUCTION OF THE CLIENT TO B OBTAIN THE WORK.HE MUST MAINTAIN

A HIGH STANDARD OF INTEGRITY.

4. EVEN THOUGH HE HAS BEEN APPOINTED BY THE CLIENT AND HE IS HIS PAYMASTER,YET HE HAS TO ACT WITH FAIRNESS AND IMPARTIALITY WHEN ADMINISTRATING A

BUILDING CONTRACT.

ARCHITECTANDHISEMPLOYEESASSOCIATESAND

CONSULTANTS

THE ARCHITECT IS TO:

1. PROVIDE HIS EMPLOYEES OR ASSOCIATES WITH SUITABLE WORKING ENVIRONMENTCOMPENSATE THEM FAIRLY AND FACILITATE THEIR PROFESSIONAL DEVELOPMENT.

2. RECOGNISE AND RESPECT THE PROFESSIONAL CONTRIBUTION OF HIS EMPLOYEES ANDASSOCIATE AND CONSULTANT.

3. ENTER INTO AGREEMENT WITH THEM DEFINING THEIR SCOPE OF WORK RESPONSIBILITIESFUNCTIONS FEES AND MODES OF PAYMENT.

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QUANTITYSURVEYOR

THE FUNCTION OF A QUANTITY SURVEYOR WHICH ARE OF HIGHLY SPECIALIZED NATURE

ARE:-1. TO PREPARE ESTIMATE OF THE WORKS.2. TO PREPARE SCHEDULE TO BE PRICED BY THE TENDERER.3. NEGOTIATING AND OBTAINING QUOTATIONS FOR WORKS FROM SPECIALISTS .4. ADVISE ON THE VALUE OF WORK FOR INTERIM CERTIFICATES.5. MEASURE AND VALUE ALL VARIATIONS UNDER THE CONTRACT .6. PREPARE A BUILDING CONTRACT.7. ADVISE ON THE VALUE OF WORK FOR THE FINAL CERTIFICATE.

HIS FEES ARE USUALLY PAID BY THE CONTRACTOR AS PER THE PENULTIMATE

CERTIFICATE ISSUED UNLESS OTHERWISE PROVIDED. IN FOREIGN COUNTRIES THESEWORK ARE BEEN DONE BY SPECIALIZED FIRM OF QUANTITY SURVEYORS WHEREAS IN

OUR COUNTRY MAJORITY OF THE ARCHITECT AND ENGINEERS PERFORM THESE

DUTIES.

ENGINEER

IT IS A TERM OF WIDE CONNOTATION RANGING FROM DESIGNING AND

SUPERVISING EXECUTING CONSTRUCTION WORKS IN GENERA INCLUDING BUILDING,

ROADS, BRIDGES, RAILWAYS. ON ACCOUNT OF SPECIALIZATION IN ONE OR MORE

BRANCHES OF CIVIL ENGINEERING THE WORD ENGINEER CARRIES WITH IT THE PREFIX

LIKE:ELECTRICAL ENGINEER,RAILWAY ENGINEER, MECHANICAL ENGINEER. FOR

CONSTRUCTION OF BUILDING THE PREFIX GENERALLY USED IS CONSULTING ENGINEERINGOR STRUCTURAL DESIGNER OR R.C.C SPECIALIST HIS FUNCTION LIMITED TO DESIGN AND

SUPERVISION OF BUILDING FROM VIEW POINT OF STRUCTURAL SOUNDNESS AS ALSO

ADVISE AND COLLABORATE WITH THE ARCHITECT FROM TIME TO TIME .

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DUTIES OF ENGINEER INCHARGE

TO PLAN THE PROPER EXECUTION OF THE WORK ON BEHALF OF THE CONTRACTOR.

1. TO SET OUT THE WORK AND TO GIVE PROPER DIRECTIONS FOR THEIR EXECUTION.2. TO SEE THAT ADEQUATE SUPPLY OF MATERIALS IS MAINTAINED AT THE POINT OF

WORKING.

3. TO KEEP CONTROL OVER THE LABOUR.4. TO KEEP A SYSTEMATIC RECORD OF WORKS DONE DAILY AND TO PRESENT THE

REPORT THAT EFFECT TO THE CONTRACTOR.

5. TO DISCUSS THE MATTER WITH THE ARCHITECT TO NOTE DOWN HIS INSTRUCTION ANDTO CARRY OUT THE WORK ACCORDINGLY.

6. TO TAKE JOINT MEASUREMENT OF THE WORKS EXECUTED WITH THE CLERKS OF THEWORKS.

ARCHITECT RIGHTSANDCONTRACTOR DUTIES

THE VARIATION CAN BE ORDERED BY THE ARCHITECT AND THE SAME SHALL NOT

VITIATE THE CONTRACT. THE CONTRACTOR CANNOT REFUSE TO DO FURTHER WORKS ON

ACCOUNT OF VARIATIONS OR DEMAND MONEY ON VALUATION BASIS AND NOT ON

CONTRACT BASIS.

AT TIMES THE ARCHITECT IS REQUIRED TO MAKE THE NECESSARY MODIFICATIONS IN

CONSTRUCTIONAL DETAILS AS COMPARED TO THOSE GIVEN IN THE CONTRACT. THE

CONTRACTOR CANNOT REFUSED TO DO THE WORK ON THE GROUND THAT IT FORMS AN

EXTRA. HE WILL BE AT THE MOST ENTITLE TO THE DIFFERENCE IN THE COST BETWEEN

THE MODIFIED DETAILS AND THE ORIGINAL DETAILS. IT SHOULD BE CLEARLY

UNDERSTOOD THAT IF SUCH MODIFICATIONS INVOLVE EXTRAS , THE SAME SHOULD BE GOT

CONFIRMED FROM THE ARCHITECT AS OTHERWISE THE ARCHITECT WILL FEEL THAT THE

CONTRACTOR HAS AGREED TO CARRY OUT THE MODIFIED WORK WITHOUT CLAIMING

ANYTHING EXTRA.

IN CASE OF OMISSION THE CONTRACTOR WILL NOT BE ENTITLED TO THE LOSS OF

PROFIT UNLESS IT IS AGREED TO IN ADVANCE. THE CONTRACTOR CAN DEVIATE FROM

THE DRAWINGS OR SPECIFICATIONS OR THE INSTRUCTIONS OF ARCHITECT AS OTHERWISE

HE WILL NOT BE ENTITLE TO ANY EXTRA . WHEN OWNER KNOW THAT EXTRA ARE

ESSENTIAL AND STANDS BY THE DECISION OF ARCHITECT AND FURTHER ALLOW THE

WORK ORDER TO BE CARRIED OUT, HE WILL BE HELD TO BE RATIFIED THE CONTRACT

MADE OR TO HAVE IMPLIEDLY PROMISED TO PAY A REASONABLE PRICE FOR THE WORK.

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THE VARIATIONS MUST BE CONFIRMED BY THE ARCHITECT WITHIN THE REASONABLE

TIME AND RATES IF POSSIBLE. IF THE RATES ARE NOT AGREED UPON THEN THE SAME

ARE TO BE VALUED AS PER THE MODE GIVEN IN THE ACCOUNT . THE MEASUREMENT AND

THE BILLS OF EXTRA SHOULD BE COMPLETED WITHIN THE PERIOD OF FINAL

MEASUREMENT AND IF NOT SPECIFIED THEN WITHIN SIX MONTH FROM THE DATE OF THE

COMPLETION OF THE BUILDING.

RIGHTS OF THE CONTRACTOR

1. THE CONTRACTOR TO REMOVE ALL GOODS, PLANTS, SCAFFOLDINGS, MACHINERIESSHED FROM SITE WITH SUCH PRECAUTIONS SO AS TO PREVENT INJURY DEATH OR

DAMAGE OF ANYONE. HE SHALL AFFORD THE SAME FACILITIES TO HIS SUB

CONTRACTORS FOR THE ABOVE

2. THE CONTRACTOR IS TO BE PAID FOR THE WORK EXECUTED OR PARTLY EXECUTED.3. CONTRACTOR TO BE PAID FOR ALL UNFIXED MATERIALS LYING ON SITES AND ALSO

FOR COST OF REMOVAL OF GOODS, PLANTS (UNFIXED MATERIAL TO BELONG TO

OWNER AFTER HE HAS MADE PAYMENTS FOR THE SAME ) THE SAME PROPOSITION

WILL HOLD GOOD FOR MATERIAL OR GOODS ORDERED FOR THE WORK.

4. ANY DIRECT LOSS OR DAMAGE CAUSED TO THE CONTRACTOR BY THEDETERMINATION .

IN ADDITION TO THE ABOVE THE CONTRACTOR WILL HAVE TO LIEN OVER ALL

UNFIXED MATERIALS TILL THE PAYMENT IS RECEIVED FROM THE OWNER.

CONTRACTORDUTIESANDLIABILITIES

THE CONTRACTOR DUTIES AND LIABILITIES ARE GIVEN IN THE CONDITIONS OF THE

CONTRACT. MOREOVER THERE ARE CERTAIN IMPLIED DUTIES AND LIABILITIES FROM

WHICH THE CONTRACTOR CANNOT ESCAPE.

1. THE CONTRACTOR CANNOT RECOVER ANY PAYMENT FOR THE WORKS EXECUTED IFTHE CONTRACT IS AN ENTIRE CONTRACT WHICH SPECIFIES NO PAYMENT ON ACCOUNT

AS THE WORK PROGRESS UNLESS HE COMPLETES THE WORK. UNDER SUCH

CIRCUMSTANCES THE CONTRACTOR CANNOT RECOVER THE PAYMENT ON QUANTUM

MERE IT AND FURTHER CANNOT FILE A SUIT FOR THE RECOVERY.

2. THE DESIGN ALSO INCLUDE THE CORRECT CHOICE OF THE MATERIALS AND GOODWORKMANSHIP AND A LIMITED LIABILITY OF THE DESIGN REST ON THE CONTRACTOR

ALSO.IF THE CONTRACTOR DOES NOT SPECIFY THE MIX OF THE CONCRETE FOR R.C.C

WORKS THE CONTRACTOR IS EXPECTED TO SELECT AND PROVIDE A SUITABLE MIX FOR

THE INTENDED FUNCTIONS OF CONCRETE .

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3. THE OWNER WHEN HE EMPLOYS A CONTRACTOR RELIES ON HIS KNOWLEDGE, SKILL,JUDGEMENT, HONESTY.AND THUS THERE IS A IMPLIED WARRANTY BY THE

CONTRACTOR FOR THE WORK FINISHED TO SHAPE AND SIZE WITHOUT PAYMENT OF

EXTRA AMOUNT FOR THE WASTAGE.PRECAST R.C.C PILES ARE CAST BY THE

CONTRACTOR TO LENGTH RECOMMENDED BY THE ARCHITECT FOR THE FOUNDATION .

AFTER THEY ARE DRIVEN IN ADD LENGTH REMAIN ABOVE GROUND LEVEL IN THE

FORM OF WASTAGE, AND FOR THEIR CUTTING THE CONTRACTOR IS RESPONSIBLE DUE

TO FOLLOWING FACTS: A)THAT THE LENGTH WERE RECOMMENDED AND NOT

SPECIFIED IN THE FORM OF SURETY. B)THE CONTRACTOR INCLUDE ALL THE WASTAGE

AND CUTTING. HENCE HE CANNOT CLAIM FOR THE WASTAGE OF STEEL IN R.C.C

WORK OR FOR THE WASTAGE OF WOOD IN CASE OF DOORS AND WINDOWS .

4. IF THE CONTRACTOR SUGGEST AN ALTERNATIVE BUILDING MATERIAL AN IMPLIEDWARRANTY IS THERE THAT HE WILL BE RESPONSIBLE FOR IT EVEN THOUGH THE

SAME HAS BEEN APPROVED BY THE OWNER.

5.

THERE IS AN IMPLIED LIABILITY FOR THE SAFETY OF THE ADJOINING BUILDING WHENEXECUTING THE WORK. AN ADJOINING OLD BUILDING WAS DAMAGED DUE TO THE

HEAVY VIBRATION CREATED DUE TO THE PILING WORK. IT WAS HELD THAT THE

CONTRACTOR WAS RESPONSIBLE FOR THE SAME EVEN THOUGH THE ADJOINING

BUILDING WAS THE OLD MAN.

6. THE CONTRACTOR HAS NO IMPLIED OR AUTHORITY TO VARY THE WORK EVEN UNDERTHE INSTRUCTION FROM THE OWNER WITHOUT PRIOR CONSULTATION OF THE

ARCHITECT. CONTRACTOR MAY VARY THE WORK UNDER INSTRUCTION FROM THE

OWNER THUS INFRINGING THE RULES AND REGULATIONS OF LOCAL AUTHORITY ,THE

CONTRACTOR WILL NO T BE ABLE TO RECOVER ITS EXTRA COST AND SAME WILL HAVE

TO BE RECTIFIED AT OWN COST.7. AT TIMES AFTER THE CONTRACT FOR THE ITEM RATE HAS BEEN EXECUTED THE

OWNER DECIDES TO SUPPLY THE MATERIALS AND WOULD LIKE THE CONTRACTOR TO

DO LABOUR WORK. UNDER SUCH CIRCUMSTANCES IT WILL NOT BE POSSIBLE FOR THE

CONTRACTOR TO PERFORM HIS DUTIES AND HENCE CONTRACT CAN BE DISCHARGED

ON THE GROUND OF IMPOSSIBLE PERFORMANCE. THE CONTRACTOR UNDER SUCH

CIRCUMSTANCES WILL BE ENTITLE FOR THE LOSS OF PROFIT WHICH SHOULD BE

CALCULATED KEEPING IN VIEW THE FOLLOWING FACTS NAMELY:

a) NO RISK IS INVOLVED FOR THE CONTRACTOR.b) CONTRACTOR HAS NOT LOCKED UP HIS CAP ITAL IN WORKc) PRESENT VALUE OF THE PROFIT AS THE PROFIT WOULD HAVE BEEN RECEIVED

AFTER CERTAIN DURATION WHEN THE WORK WAS COMPLETE.

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RESPONSIBILITIES OF THE CONTRACTOR

RESPONSIBILITIES OF THE CONTRACTOR INCLUDE:

UNDERSTANDING THE CONTRACT, INCLUDING THE SPECIFIC CONTRACT OBLIGATIONS AND

PERFORMANCE INDICATORS BY WHICH PERFORMANCE WILL BE MONITORED.

ASSESSING THE RISKS RELATED TO THE PROJECT BEFORE CONTRACTING FOR SERVICES TO

DETERMINE THE EXTENT OF MONITORING APPROPRIATE TO THE CONTRACT.

ENSURING THE CONTRACTOR HAS A CLEAR UNDERSTANDING OF HOW THE CONTRACT WILL BE

MANAGED AND MONITORED.

PROVIDING THE CONTRACTOR WITH GUIDANCE AND TECHNICAL ASSISTANCE, AS NEEDED, TO

PROMOTE EFFECTIVE CONTRACT PERFORMANCE.

IDENTIFYING THE EXTENT AND SOURCE OF OTHER PUBLIC FUNDING, IF ANY, THE

CONTRACTOR

IS USING TO FUND SERVICES PROVIDED UNDER THE CONTRACT.

MONITORING THE CONTRACTORS ACTIVITIES THROUGH A VARIETY OF MEANS TO ENSURE

QUALITY SERVICE DELIVERY.

ENSURE FUNDING IS USED ONLY FOR AUTHORIZED PURPOSES.

RESOLVING ISSUES OR PROBLEMS THAT ARISE DURING THE CONTRACT .

IDENTIFYING AND REDUCING FISCAL OR PROGRAM RISKS, THUS PROTECTING PUBLIC FUNDS.

MEASURING AND TRACKING AGENCY SATISFACTION WITH CONTRACTOR PERFORMANCE.

REVIEWING INVOICES AND VERIFYING THAT DELIVERY OF SERVICES IS RENDERED.

NOTIFYING MANAGEMENT AND THE OFFICE OF THE ATTORNEY GENERAL IF SERIOUS

PROBLEMS ARISE.

COMPLYING WITH FEDERAL AND STATE RULES AND REGULATIONS PERTAINING TO CONTRACT

MANAGEMENT.

COLLABORATING WITH OTHER STATE AGENCIES USING THE SAME CONTRACTOR TO ENSURE

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PROJECT ENGINEER:

PROJECT ENGINEER IS THE MAIN COORDINATOR FOR THE PROJECT BETWEEN THE EMPLOYER

AND THE CONTRACTOR.HE IS THE PERSON WHO DOES THE PLANNING OF SCHEDULE OF WORK

PROGRESS AND MONITORS THEPERIODICAL PROGRESS

OFTHEWORK. HEISINVOLVEDINALLTHETECHNICAL/ REVIEWMEETINGSWITHTHE

CONTRACTOR DURING THE EXECUTION OF THE PROJECT.CONTRACTOR SHOULD ADDRESS ANY

DISCREPANCY ARISES DURING THE EXECUTION OF THE PROJECT TO THE PROJECT ENGINEER

ONLY WITH DUE COORDINATION OF THE SITE ENGINEERFROM THE DEPARTMENT

SITE ENGINEER:SITE ENGINEER IS THE PERSON DEPUTED ON THE SITE FOR CLOSE MONITORING OF THE

PROGRESS OFTHE PROJECT.HE COMMUNICATES ALL THE TECHNICAL INFORMATION TO THE

REPRESENTATIVES OF THE CONTRACTORWORKING DIRECTLY ON SITE.HE RECEIVESINSTRUCTIONS FROM THE PROJECT ENGINEER AND EXECUTES THE PROJECT UNDER HIS

GUIDANCE WITH THE HELP OF SUPERVISORS ASSISTING HIM.HE IS RESPONSIBLE FOR TIMELY

RECORDING OFTHE MEASUREMENTS OFTHE WORKS AND CALCULATING THE QUANTITIES

OFITEMS FOR RUNNING BILLS AND FINAL BILLS.HE COORDINATES WITH ALL CONCERNED

DIVISIONS OF THE DEPARTMENT LIKE SAFETY,UTILITIES, ETC. FOR OBTAINING THE PERMITS

AND THE SMOOTH COORDINATION OF THE SITE EXECUTION OF THE PROJECT.HE IS THE PERSON

RESPONSIBLE FOR THE FOLLOW UP WITH CONTRACTOR FOR DAILY PROGRESS OF THE WORK.

PROJECT ENGINEER:

PROJECT ENGINEER IS THE KEY COORDINATOR BETWEEN THE CLIENT AND THE MANAGEMENT

OF THE COMPANY.HE COORDINATES REGULARLY WITH THE PROJECT ENGINEER FROM THE

DEPARTMENT (EMPLOYER/CLIENT) FOR ALL THE ACTIVITIES PERTAINING TO THE PROGRESS

OF THE PROJECT.HE IS THE PERSON WHO COMMUNICATES ALL THE MATTERS TO THE CLIENT

ON BEHALF OF THE CONTRACTOR THROUGH THEIRPROJECT ENGINEER.HE IS THE SOLE

RESPONSIBLE PERSON FORTHE PROGRESSAND QUALITYOFCONSTRUCTION OFTHE

PROJECT. HEHAS TOMAKEPERIODICAL SCHEDULES ANDPLAN FOR THE RESOURCESLIKE

MATERIAL ANDMAN-POWER.

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DETERMINATIONOF THECONTRACTBYTHE

CONTRACTOR

THE CONTRACTOR CAN DETERMINE THE CONTRACT ON THE FOLLOWING GROUNDS :

1. AMOUNT OF INTERIM CERTIFICATE IS NOT RECEIVED WITHIN THE PERIODMENTIONED IN THE APPENDIX AND CONTINUOUS DEFAULT FOR SEVEN DAYS

AFTER RECEIPT OF NOTICE THAT CONTRACT WILL BE DETERMINED IF PAYMENT IS

NOT MADE WITHIN SEVEN DAYS FROM THE RECEIPT THEREOF.

2. IF THE OWNER INTERFERES WITH OR OBSTRUCT THE ISSUE OF ANY CERTIFICATEDUE UNDER THE CONTRACT.

3. CARRYING OUT THE WHOLE OR SUBSTANTIALLY THE WHOLE OF INCOMPLETEWORK IS SUSPENDED FOR A CONTINUOUS P ERIOD OF LENGTH BY REASONS OF:

FORCE MAJEURE ,LOSS OR DAMAGE OCCASIONED BY ANYONE OR MORE OF THECONTINGENCIES REFERRED TO IN CLAUSE OF INSURANCE AGAINST FIRE, CIVIL

COMMOTION, DELAY BY ARCHITECT IN ISSUING NECESSARY PLANS OR

INSTRUCTION, DELAY ON PART OF AGENCIES EMPLOYED BY THE OWNER OF THE

WORK OUTSIDE FRAMEWORK OF CONTRACT OR, OPENING OF THE WORK COVERED

UP FOR INSPECTION WORK AND MATERIAL USED BEING AS PER THE CONTRACT

DOCUMENT ( UNLESS THESE ARE NOT AS PER THE CONTRACT DOCUMENTS.

CLIENT

RIGHT OF ACCESS TO THE SITE THE EMPLOYER SHALLGIVE THE CONTRACTOR RIGHT OF

ACCESSTO, ANDPOSSESSION OF, ALL PARTS OF THE SITE WITHIN THE TIME (OR TIMES) STATED

IN THE CONTRACT DATA.THE RIGHT AND POSSESSION MAY NOT BE EXCLUSIVE TO THE

CONTRACTOR.IF, UNDER THE CONTRACT, THE EMPLOYER IS REQUIRED TO GIVE (TO THE

CONTRACTOR) POSSESSION OF ANY FOUNDATION, STRUCTURE, PLANT OR MEANS OF ACCESS,

THE EMPLOYER SHALL DO SO IN THE TIME AND MANNER STATED IN THE SPECIFICATION.

HOWEVER, THE EMPLOYER MAY WITHHOLD ANY SUCH RIGHT OR POSSESSION UNTIL THE

PERFORMANCE SECURITY HAS BEEN RECEIVED.

IF NO SUCH TIME IS STATED IN THE CONTRACT DATA, THE EMPLOYER SHALL GIVE THE

CONTRACTOR RIGHT OF ACCESS TO, AND POSSESSION OF, THE SITE WITHIN SUCH TIMES AS

REQUIRED TO ENABLE THE CONTRACTOR TO PROCEED WITHOUT DISRUPTION IN ACCORDANCE

WITH THE PROGRAMMED SUBMITTED UNDERSUB-CLAUSE 8.3

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IF THE CONTRACTOR SUFFERS DELAY AND/OR INCURS COST AS A RESULT OF A FAILURE BY THE

EMPLOYER TO GIVE ANY SUCH RIGHT OR POSSESSION WITHIN SUCH TIME, THE CONTRACTOR

SHALL GIVE NOTICE TO THE ENGINEER AND SHALL BE ENTITLED SUBJECT TO SUB-CLAUSE 20.1

CONTRACTORS CLAIMS

TO:(A) AN EXTENSION OF TIME FOR ANY SUCH DELAY, IF COMPLETION IS OR WILL BE DELAYED,

UNDERSUB-CLAUSE 8.4[EXTENSION OF TIME FORCOMPLETION ], AND(B) PAYMENT OF ANY

SUCH COST PLUS PROFIT, WHICH SHALL BE INCLUDED IN THE CONTRACT PRICE.

CLIENTSRESPONSIBILITIESTHE FOLLOWING SHALL BE THE RESPONSIBILITIES OF THE CLIENT:

1. PROVIDE DETAILED REQUIREMENT OF THE PROJECT.2.

PROVIDE A CORRECT SITE PLAN TO SUITABLE SCALE SHOWING BOUNDARIES ATSUITABLE INTERVALS.

3. FURNISH REPORT ON SOIL CONDITIONS AND SOIL TEST AS REQUIRED BY THEARCHITECT.

4. IN THE CASE OF CLIENT BEING A GOVERNMENT AGENCY IT WILL FURNISH PUBLICWORKS DEPARTMENT SCHEDULE OF RATES.

5. PAY THE FEES OF THE ARCHITECT WITHIN ONE MONTH OF SUBMISSION OF BILLS.6. TAKE NOTE OF THE OBSERVATION MADE BY THE ARCHITECT ON HIS INSPECTIONS

AND VISITS AND ENSURE THE CORRECTION OF DEFICIENCIES IN THE WORK POINTED

OUT BY HIM.

7. ON THE ADVICE OF THE ARCHITECT PREP ARE A SHORT LIST OF APPROVEDCONTRACTORS WHO WOULD BE ALLOWED TO TENDER, SELECT THE CONTRACTOR FOR

PROJECT IN CONSULTATION WITH ARCHITECT.

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GUIDELINES

1. AN EXPERT KNOWLEDGE OF THE TECHNIQUES AND SKILLS REQUIRED TO CARRY OUTTHE DESIGN.

2. A THOROUGH UNDERSTANDING OF THE PURPOSES AND FUNCTIONS OF THE BUILDINGTO BE ERECTED.

3. A WORKING KNOWLEDGE OF THE ACT, BYE-LAWS AND OTHER REGULATIONSAFFECTING BUILDINGS.

4. THE ABILITY TO ADVISE ON COSTS.5. SKILLS IN THE PREP ARATIONS OF DRAWING PLANS TO ENSURE THAT BUILDING WILL

FULFIL ALL REQUIREMENTS AT MOST ECONOMIC COST.

6. THE ABILITY TO SUPERINTEND THE DESIGN AND CONSTRUCTION OF THE BUILDING.7. THE ABILITY TO ISSUE CERTIFICATE OF PAYMENT.

CLIENTS DUTIESANDLIABILITIES

BESIDE THE RIGHTS DUTIES AND LIABILITIES FLOWING FROM THE BUILDING CONTRACT

SOME OF THE SPECIFIC DUTIES AND LIABILITIES OF THE OWNER ARE AS UNDER:

1. TO APPOINT ARCHITECT, ENGINEER, SURVEYOR AND OTHER CONSULTANT AND TO PAYTHEIR PROFESSIONAL FEES.

2. TO GIVE INSTRUCTION TO THE ARCHITECT ABOUT HIS REQUIREMENT OF THE PROJECT .3. DISCUSS BID EVALUATION WITH THE ARCHITECT SO THAT RIGHT CONTRACTOR FOR

THE JOB IN QUESTION IS SELECTED AND GENUINE MISTAKES BE CORRECTED .

4. ACCEPT THE TENDER OR AUTHORIZE THE ARCHITECT TO ACCEPT THE TENDER ON HISBEHALF.

5. TO ENTER INTO A CONTRACT WITH THE CONTRACTOR.6. NOT TO INTERFERE WITH THE PROGRESS OF THE WORK AND NOT TO ISSUE ORDERS

FOR EXTRA WORKS.

7. TO SUPPLY ALL NECESSARY PLANS DRAWINGS INSTRUCTION IN TIME THROUGH THEAGENCY OF HIS ARCHITECT WITHIN A REASONABLE TIME

8. TO MAKE NECESSARY PAYMENTS AS CERTIFIED BY ARCHITECT FROM TIME TO TIMEAND NOT TO INTERFERE WITH ISSUE OF CERTIFICATES IN THE CASE OF HICKMAN &

CO VS ROBERTS (1913) AC229 WHERE THE EMPLOYER INSTRUCTED THE ARCHITECTNOT TO ISSUE A CERTIFICATE UNTIL HE HAD RECEIVED THE CONTRACTOR S ACCOUNT

FOR EXTRA THE ARCHITECT WROTE TO THE CONTRACTOR

HAD YOU BETTER NOT CALL TO SEE MY CLIENTS, BECAUSE IN FACE OF THEIR

INSTRUCTIONS TO ME I CANNOT ISSUE A CERTIFICATE WHATEVER MY OWN PRIVATE

OPINION IN THE MATTER.

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FIDIC CONDITIONS OF CONTRACTS FOR CONSTRUCTIONSHOWEVER, IF AND TO THE EXTENT THAT THE EMPLOYERS FAILURE WAS CAUSED BY

ANY ERROR OR DELAY BY THE CONTRACTOR, INCLUDING AN ERROR IN, OR DELAY IN THE

SUBMISSION OF, ANY OF THE CONTRACTORS DOCUMENTS, THE CONTRACTOR SHALL NOT BE

ENTITLED TO SUCH EXTENSION OFTIME,COST OR PROFIT THE EMPLOYER SHALL PROVIDE, ATTHE REQUEST OF THE CONTRACTOR, SUCH REASONABLE ASSISTANCE AS TO ALLOW

THE CONTRACTOR TO OBTAIN PROPERLY:

(A) COPIESOF THE LAWS OFTHE COUNTRYWHICHARE RELEVANTTO THE CONTRACTBUT

ARE NOT READILY AVAILABLE, AND

(B)ANY PERMITS, LICENSES OR APPROVALS REQUIRED BY THE LAWS OF THE COUNTRY:

(I) WHICH THE CONTRACTOR IS REQUIRED TO OBTAIN UNDERSUB-CLAUSE 1.13COMPLIANCE

WITH LAWS

(II) FOR THEDELIVERY OF GOODS, INCLUDING CLEARANCE THROUGH CUSTOMS, AND

(III) FOR THE EXPORT OF CONTRACTORS EQUIPMENT WHEN IT IS REMOVED FROM THE SITEANY DELEGATION OR REVOCATION SHALL NOT TAKE EFFECT UNTIL THE ENGINEER HAS

RECEIVED PRIOR NOTICE SIGNED BY THE CONTRACTORS REPRESENTATIVE, NAMING THE

PERSON AND SPECIFYING THE POWERS, FUNCTIONS AND AUTHORITY BEING DELEGATED OR

REVOKED.THE CONTRACTORS REPRESENTATIVE SHALL BE FLUENT IN THE LANGUAGE FOR

COMMUNICATIONS DEFINED IN SUB-CLAUSE 1.4LAW AND LANGUAGE IF THE CONTRACTORS

REPRESENTATIVES DELEGATES ARE NOT FLUENT IN THE SAID LANGUAGE , THE CONTRACTOR

SHALL MAKE COMPETENT INTERPRETERS AVAILABLE DURING ALL WORKING HOURS IN A

NUMBER DEEMED SUFFICIENT BY THE ENGINEER.

SUBCONTRACTORS

THE CONTRACTOR SHALL NOT SUBCONTRACT THE WHOLE OFTHE WORKS.THE CONTRACTOR

SHALL BE RESPONSIBLE FOR THE ACTS OR DEFAULTS OF ANY SUB CONTRACTOR, HIS AGENTS

OR EMPLOYEES, AS IF THEY WERE THE ACTS OR DEFAULTS OF THE CONTRACTOR.UNLESS

OTHERWISE STATED INTHE PARTICULARCONDITIONS:

THE CONTRACTOR SHALL NOT BE REQUIRED TO OBTAIN CONSENT TO SUPPLIERS SOLELY OF

MATERIALS, OR TO A SUBCONTRACT FOR WHICH THE SUBCONTRACTOR IS NAMED IN THE

CONTRACT THE PRIOR CONSENT OF THE ENGINEER SHALL BE OBTAINED TO OTHER PROPOSED

SUBCONTRACTORS;

THE CONTRACTOR SHALL GIVE THE ENGINEER NOT LESS THAN 28 DAYS

NOTICE OF THE INTENDED DATE OF THE COMMENCEMENT OF EACH SUBCONTRACTORS WORK,

AND OF THE COMMENCEMENT OF SUCH WORK ON THE SITE; AND EACH SUBCONTRACT SHALL

INCLUDE PROVISIONS WHICH WOULD ENTITLE THE EMPLOYER TO REQUIRE THE SUBCONTRACT

TO BE ASSIGNED TO THE EMPLOYER UNDERSUB-CLAUSE 4.5[ASSIGNMENT OF BENEFIT OF

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SUBCONTRACT ](IF OR WHEN APPLICABLE) OR IN THE EVENT OF TERMINATION UNDERSUB-

CLAUSE 15.2

ASSIGNMENT OF BENEFIT OF SUBCONTRACT IF A SUBCONTRACTORS OBLIGATIONS EXTEND

BEYOND THE EXPIRY DATE OF THE RELEVANT DEFECTSNOTIFICATION PERIOD AND THE

ENGINEER, PRIOR TO THIS DATE, INSTRUCTSTHE CONTRACTORTOASSIGNTHE BENEFITOF

SUCHOBLIGATIONS TO THE EMPLOYER, THEN THE CONTRACTOR SHALL DO SO. UNLESS

OTHERWISE STATED IN THE ASSIGNMENT, THE CONTRACTORSHALL HAVENO

LIABILITYTOTHE EMPLOYERFORTHE WORK CARRIED OUT BY THE SUBCONTRACTOR AFTER

THE ASSIGNMENT TAKES EFFECT.

CO-OPERATION

THE CONTRACTOR SHALL, AS SPECIFIED IN THE CONTRACT OR AS INSTRUCTED BY THE

ENGINEER, ALLOW APPROPRIATE OPPORTUNITIES FOR CARRYING OUTWORK TO:(A) THE EMPLOYERS PERSONNEL,

(B) ANY OTHER CONTRACTORS EMPLOYED BY THE EMPLOYER, AND

(C) THE PERSONNEL OFANY LEGALLY CONSTITUTED PUBLIC AUTHORITIES, WHO MAY BE

EMPLOYED IN THE EXECUTION ON OR NEAR THE SITE OF ANY WORK NOT INCLUDED IN THE

CONTRACT.

ANY SUCH INSTRUCTION SHALL CONSTITUTE A VARIATION IF AND TO THE EXTENT THAT IT

CAUSES THE CONTRACTOR TO SUFFER DELAYS AND/OR TO INCURUNFORESEEABLE COST.

SERVICES FOR THESE PERSONNEL AND OTHER CONTRACTORS MAY INCLUDE THE USE OF

CONTRACTORS EQUIPMENT,TEMPORARY WORKS OR ACCESS ARRANGEMENTS WHICH ARE

THE RESPONSIBILITY OF THE CONTRACTORIF, UNDER THE CONTRACT, THE EMPLOYER IS

REQUIRED TO GIVE TO THE CONTRACTOR POSSESSION OF ANY FOUNDATION, STRUCTURE,

PLANT OR MEANS OF ACCESS IN ACCORDANCE WITH CONTRACTORS DOCUMENTS, THE

CONTRACTOR SHALL SUBMIT SUCH DOCUMENTS TO THE ENGINEER IN THE TIME ANDMANNER

STATED IN THE SPECIFICATION.

SETTING OUT

THE CONTRACTOR SHALL SET OUT THE WORKS IN RELATION TO ORIGINAL POINTS, LINES AND

LEVELS OF REFERENCE SPECIFIED IN THE CONTRACT OR NOTIFIED BY THE ENGINEER.THECONTRACTOR SHALL BE RESPONSIBLE FOR THE CORRECT POSITIONING OF ALL PARTS OF

THEWORKS, ANDSHALLRECTIFYANYERRORINTHEPOSITIONS, LEVELS, DIMENSIONS OR

ALIGNMENT OF THE WORKS THE EMPLOYER SHALL BE RESPONSIBLE FOR ANY ERRORS IN

THESE SPECIFIED OR NOTIFIED ITEMS OF REFERENCE, BUT THE CONTRACTOR SHALL USE

REASONABLE EFFORTS TO VERIFY THEIR ACCURACY BEFORE THEY AREUSED.

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THE POWERS OF COURTS UNDER ARBITRATION AND

CONCILIATION ACT,1996

AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO DOMESTIC ARBITRATION,

INTERNATIONAL COMMERCIAL ARBITRATION AND ENFORCEMENT OF FOREIGN ARBITRAL

AWARDS AS ALSO TO DEFINE THE LAW RELATING TO CONCILIATION AND FOR MATTERS

CONNECTED THEREWITH OR INCIDENTAL THERETO.WHEREAS THE UNITEDNATIONS

COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) HAS ADOPTED THE UNCITRAL

MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION IN 1985:ANDWHEREAS

THE GENERAL ASSEMBLYOF THE UNITED NATIONS HASRECOMMENDED THATALL COUNTRIES

GIVE DUE CONSIDERATION TO THE SAID MODEL LAW, IN VIEW OF THE DESIRABILITY OF

UNIFORMITY OF THE LAW OF ARBITRAL PROCEDURES AND THE SPECIFIC NEEDS OF

INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE;ANDWHEREAS THE UNCITRAL

HAS ADOPTED THE UNCITRALCONCILIATION RULES IN 1980;ANDWHEREAS THEGENERAL ASSEMBLY OF THE UNITEDNATIONS HAS RECOMMENDED THE USE OF THE SAID

RULES IN CASES WHERE A DISPUTE ARISES IN THE CONTEXT OF INTERNATIONAL COMMERCIAL

RELATIONS AND THE PARTIES SEEK AN AMICABLE SETTLEMENT OF THAT DISPUTE BY RECOURSE

TO CONCILIATION;ANDWHEREAS THE SAID MODEL LAW AND RULES MAKE SIGNIFICANT

CONTRIBUTION TO THE ESTABLISHMENT OF A UNIFIED LEGAL FRAMEWORK FOR THE FAIR AND

EFFICIENT SETTLEMENT OF DISPUTES ARISING IN INTERNATIONAL COMMERCIAL RELATIONS;

ANDWHEREAS IT IS EXPEDIENT TO MAKE LAW RESPECTING ARBITRATION AND

CONCILIATION, TAKING INTO ACCOUNT THE AFORESAID MODEL LAW AND RULES;

BE IT ENACTED BY PARLIAMENT IN THE FORTY-SEVENTH YEAR OF THE REPUBLIC OF INDIA AS

FOLLOWS:-PRELIMINARY1.SHORT TITLE, EXTENT AND COMMENCEMENT.-

(1)THIS ACT MAY BE CALLED THE ARBITRATION AND CONCILIATION ACT,1996.

(2)IT EXTENDS TO THE WHOLE OF INDIA:PROVIDED THAT PARTS,I,III AND IV SHALL EXTEND

TO THE STATE OF JAMMU AND KASHMIR ONLY IN SO FAR AS THEY RELATE TO INTERNATIONAL

COMMERCIAL ARBITRATION OR, AS THE CASE MAY BE, INTERNATIONAL COMMERCIAL

CONCILIATION.EXPLANATION.-IN THIS SUB-SECTION, THE EXPRESSION "INTERNATIONAL

COMMERCIAL CONCILIATION "SHALL HAVE THE SAME MEANING AS THE EXPRESSION

"INTERNATIONAL COMMERCIAL ARBITRATION" IN CLAUSE (F) OF SUB-SECTION (1) OF SECTION

2, SUBJECT TO THE MODIFICATION THAT FOR THE WORD" ARBITRATION" OCCURRING THEREIN,

THE WORD "CONCILIATION" SHALL BE SUBSTITUTED.

(3)IT SHALL COME INTO FORCE ON SUCH DATE AS THE CENTRAL GOVERNMENT MAY, BY

NOTIFICATION IN THE OFFICIAL GAZETTE, APPOINT.

(1)IN THIS PART, UNLESS THE CONTEXT OTHERWISE REQUIRES,-

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A) "ARBITRATION" MEANS ANY ARBITRATION WHETHER OR NOT ADMINISTERED BY

PERMANENT ARBITRAL INSTITUTION;

B) "ARBITRATION AGREEMENT" MEANS AN AGREEMENT REFERRED TOIN SECTION 7;

C) "ARBITRAL AWARD" INCLUDESAN INTERIMAWARD;

D) "ARBITRAL TRIBUNAL" MEANS ASOLE ARBITRATOR OR A PANEL OF ARBITRATORS;

E)"COURT" MEANS THE PRINCIPAL CIVIL COURT OF ORIGINAL JURISDICTION IN A DISTRICT,

AND INCLUDES THE HIGH COURT IN EXERCISE OF ITS ORDINARY ORIGINAL CIVIL JURISDICTION,

HAVINGJURISDICTION TO DECIDE THE QUESTIONS FORMING THE SUBJECT-MATTER OF THE

ARBITRATION IF THE SAME HAD BEEN THE SUBJECT-MATTER OF A SUIT, BUT DOES NOT INCLUDE

ANY CIVIL COURT OF A GRADE INFERIOR TO SUCH PRINCIPAL CIVIL COURT, ORANY COURT OF

SMALL CAUSES;

F)"INTERNATIONAL COMMERCIAL ARBITRATION" MEANS AN ARBITRATION RELATING TO

DISPUTES ARISING OUT OF LEGAL RELATIONSHIPS, WHETHER CONTRACTUAL OR NOT,

CONSIDERED AS COMMERCIAL UNDER THE LAW IN FORCE IN INDIAAND WHERE AT LEAST ONE

OFTHE PARTIES IS-

1) AN INDIVIDUAL WHO IS A NATIONAL OF, OR HABITUALLY RESIDENT IN, ANY COUNTRY

OTHER THAN INDIA; OR

2) A BODY CORPORATE WHICH ISINCORPORATED IN ANY COUNTRY OTHERTHAN INDIA; OR

3) A COMPANY OR AN ASSOCIATION OR A BODY OF INDIVIDUALS WHOSE CENTRAL

MANAGEMENT AND CONTROL IS EXERCISED IN ANY COUNTRY OTHER THAN INDIA; OR4) THE GOVERNMENTOF A FOREIGN COUNTRY;

(G)"LEGAL REPRESENTATIVE" MEANS A PERSON WHO IN LAW REPRESENTS THE ESTATE OF A

DECEASED PERSON, AND INCLUDES ANY PERSON WHO INTERMEDDLES WITH THE ESTATE OF THE

DECEASED, AND, WHERE A PARTY ACTS IN A REPRESENTATIVE CHARACTER, THE PERSON ON

WHOM THE ESTATE DEVOLVES ON THE DEATH OF THE PARTY SO ACTING ;

(H)"PARTY" MEANS A PARTY TO ANARBITRATION AGREEMENT.

(2)THIS PART SHALL APPLY WHERE THEPLACE OF ARBITRATION IS IN INDIA.

(3)THIS PART SHALL NOT AFFECT ANY OTHER LAW FOR THE TIME BEING IN FORCE BY VIRTUE

OF WHICH CERTAIN DISPUTES MAY NOT BE SUBMITTED TO ARBITRATION .

(4)THIS PART EXCEPT SUB-SECTION (1) OF SECTION 40, SECTIONS 41 AND 43 SHALL APPLY TO

EVERY ARBITRATION UNDER ANY OTHER ENACTMENT FOR THE TIME BEING IN FORCE, AS IF THE

ARBITRATION WERE PURSUANT TO AN ARBITRATION AGREEMENT AND AS IF THAT OTHER

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ENACTMENT WERE AN ARBITRATION AGREEMENT, EXCEPT IN SO FAR AS THE PROVISION OF THIS

PART ARE INCONSISTENT WITH THAT OTHER ENACTMENT OR WITH ANY RULES MADE THERE

UNDER;

(5)SUBJECT TO THE PROVISIONS OF SUB-SECTION

EXTENT OF JUDICIAL INTERVENTION.-NOTWITHSTANDING ANYTHING CONTAINED IN ANY OTHER LAWFOR THE TIME BEING IN FORCE,

IN MATTERS GOVERNED BY THIS PART, NO JUDICIAL AUTHORITY SHALL INTERVENE EXCEPT

WHERE SO PROVIDED IN THIS PART.

ADMINISTRATIVE ASSISTANCE(1)IN ORDER TO FACILITATE THE CONDUCT OF THE ARBITRAL PROCEEDINGS, THE PARTIES, OR

THE ARBITRAL TRIBUNAL WITH THE CONSENT OF THE PARTIES, MAY ARRANGE FOR

ADMINISTRATIVE ASSISTANCE BY A SUITABLE INSTITUTION OR PERSON

A DECISION BY THEARBITRAL TRIBUNAL THAT THECONTRACT IS NULL AND VOID SHALL NOT

JURE THE INVALIDITY OF THEARBITRATION CLAUSE.

(2)A PLEA THAT THE ARBITRAL TRIBUNAL DOES NOT HAVE JURISDICTION SHALL BE RAISED

NOT LATER THAN THE SUBMISSION OF THE STATEMENT OF DEFENCE; HOWEVER, A PARTY

SHALL NOT BE PRECLUDED FROM RAISING SUCH A PLEA MERELY BECAUSE THAT HE HAS

APPOINTED , OR PARTICIPATED IN THE APPOINTMENT OF, AN ARBITRATOR.

(3)A PLEA THAT THE ARBITRAL TRIBUNAL IS EXCEEDING THE SCOPE OF ITS AUTHORITY SHALL

HE RAISED AS SOON AS THE MATTER ALLEGED TO BE BEYOND THE SCOPE OF ITS AUTHORITY IS

RAISED DURING THE ARBITRAL PROCEEDINGS .

(4)THE ARBITRAL TRIBUNAL MAY, IN EITHER OF THE CASES REFERRED TO IN SUB-SECTION (2)

OR SUB-SECTION (3), ADMIT A LATER PLEA IF IT CONSIDERS THE DELAY JUSTIFIED.

(5)THE ARBITRAL TRIBUNAL SHALL DECIDE ON A PLEA REFERRED TO IN SUB-SECTION (2) OR

SUB-SECTION(3) AND, WHERE THE ARBITRAL TRIBUNAL TAKES A DECISION REJECTING THE

PLEA, CONTINUE WITH THE ARBITRAL PROCEEDINGS AND MAKE AN ARBITRAL AWARD

.(6)A PARTY AGGRIEVED BY SUCH AN ARBITRAL AWARD MAY MAKE AN APPLICATION FOR

SETTING AS SUCH AN ARBITRAL AWARD IN ACCORDANCE WITHSECTION 34.

17.INTERIM MEASURES ORDERED BY ARBITRAL TRIBUNAL

.-(1)UNLESS OTHERWISE AGREED BY THE PARTIES , THE ARBITRAL TRIBUNAL MAY, AT THE

REQUEST OF A PARTY, ORDER A PARTY TO TAKE ANY INTERIM MEASURE OF PROTECTION AS THE

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ARBITRAL TRIBUNAL MAY CONSIDER NECESSARY IN RESPECT OF THE SUBJECT MATTER OF THE

DISPUTE.(2) THE ARBITRAL TRIBUNAL MAY REQUIRE APARTY TO PROVIDE APPROPRIATE

SECURITYIN CONNECTION WITH A MEASURE ORDERED UNDER SUB-SECTION (1).

CONDUCT

OF ARBITRAL PROCEEDINGS

18.EQUAL TREATMENT OF PARTIESTHE PARTIES SHALL BE TREATED WITH EQUALITY AND EACH PARTY SHALL BE GIVEN A FULL

OPPORTUNITY TOPRESENT HIS CASE19.DETERMINATION OF RULES OF PROCEDURE.-

(1)THE ARBITRAL TRIBUNAL SHALL NOT BE BOUND BY THE CODE OF CIVIL PROCEDURE,1908

OR THE INDIAN EVIDENCE ACT,1872.

(2)SUBJECT TO THIS PART, THE PARTIES ARE FREE TO AGREE ON THE PROCEDURE TO BE

FOLLOWED BY THE ARBITRAL TRIBUNALIN CONDUCTINGITS PROCEEDINGS.

(3) FAILING ANY AGREEMENT REFERRED TO IN SUB-SECTION (2), THE ARBITRAL TRIBUNAL

MAY, SUBJECT TO THIS PART, CONDUCT THE PROCEEDINGS IN THE MANNER IT

CONSIDERSAPPROPRIATE.(4) THE POWEROF THEARBITRAL TRIBUNAL UNDERSUB-SECTION (3) INCLUDES THEPOWER

TO DETERMINE THE ADMISSIBILITY , RELEVANCE, MATERIALITY ANDWEIGHT OF ANY

EVIDENCE.

PLACE OF ARBITRATION(1) THE PARTIES ARE FREETO AGREE ONTHE PLACE OFARBITRATION.

(2)FAILING ANY AGREEMENT REFERRED TO IN SUB-SECTION (1), THE PLACE OF ARBITRATION

SHALL BE DETERMINED BY THE ARBITRAL TRIBUNAL HAVING REGARD TO THE CIRCUMSTANCES

OF THE CASE, INCLUDING THE CONVENIENCE OF THE PARTIES.

(3)NOTWITHSTANDING SUB-SECTION (1) OR SUB-SECTION (2), THE ARBITRAL TRIBUNAL MAY,

UNLESS OTHERWISE AGREED BY THE PARTIES, MEET AT ANY PLACE IT CONSIDERS APPROPRIATE

FOR CONSULTATION AMONG ITS MEMBERS, FOR HEARING WINNERS, EXPERTS OR THE PARTIES,

OR FOR INSPECTION OF DOCUMENTS, GOODS OR OTHER PROPERTY.

COMMENCEMENT OF ARBITRAL PROCEEDINGS

UNLESS OTHERWISE AGREED BY THE PARTIES, THE ARBITRAL PROCEEDINGS, IN RESPECT OF A

PARTICULAR DISPUTE COMMENCE ON THE DATE ON WHICH A REQUEST FOR THAT DISPUTE

TOBE REFERRED TO ARBITRATION IS RECEIVEDBY THE RESPONDENT.

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LANGUAGE(1)THE PARTIES ARE FREE TO AGREE UPON THE LANGUAGE OR LANGUAGES TO IS USED IN THE

ARBITRAL PROCEEDINGS.

(2) FAILING ANYAGREEMENT REFERRED TOIN SUB-SECTION (1), THE ARBITRALTRIBUNAL

SHALL DETERMINE THE LANGUAGE OR LANGUAGES TO BE USED IN THE ARBITRALPROCEEDINGS .

(3)THE AGREEMENT OR DETERMINATION, UNLESS OTHERWISE SPECIFIED, SHALL APPLY TO

ANY WRITTEN STATEMENT BY A PARTY, ANY HEARING AND ANY ARBITRAL AWARD, DECISION

OR OTHER COMMUNICATION BY THE ARBITRAL TRIBUNAL .(4)THE ARBITRAL TRIBUNAL MAY

ORDER THAT ANY DOCUMENTARY EVIDENCE SHALL BE ACCOMPANIED BY A TRANSLATION INTO

THE LANGUAGES AGREED UPON BY THE PARTIES OR DETERMINED BY THE ARBITRAL TRIBUNAL.

STATEMENTS OF CLAIM AND DEFENCE(1)WITHIN THE PERIOD OF TIME AGREED UPON BY THE PARTIES OR DETERMINED BY THE

ARBITRAL TRIBUNAL, THE CLAIMANT SHALL STATE THE FACTS SUPPORTING HIS CLAIM , THE

POINTS AT ISSUE AND THE RELIEF OR REMEDY SOUGHT, AND THE RESPONDENT SHALL STATE

HIS DEFENCE IN RESPECT OF THESE PARTICULARS, UNLESS THE PARTIES HAVE OTHERWISE

AGREED AS TO ELEMENTS OF THOSE STATEMENTS.

(2)THE PARTIES MAY SUBMIT WITH THEIR STATEMENTS ALL DOCUMENTS THEY CONSIDER TO

BE RELEVANT OR MAY ADD A REFERENCE TO THE DOCUMENTS OR OTHER EVIDENCE THEY WILL

SUBMIT.

(3) UNLESS OTHERWISE AGREED BY THE PARTIES, EITHER PARTY MAY AMEND OR SUPPLEMENT

HIS CLAIM OR DEFENCE DURING THE COURSE OF THE ARBITRAL PROCEEDINGS , UNLESS THE

ARBITRAL TRIBUNAL CONSIDERS IT INAPPROPRIATE TO ALLOW THE AMENDMENT OR

SUPPLEMENT HAVING REGARD TO THE DELAY IN MAKING IT.

HEARINGS AND WRITTEN PROCEEDINGS(1)UNLESS OTHERWISE AGREED BY THE PARTIES , THE ARBITRAL TRIBUNAL SHALL DECIDE

WHETHER TO HOLD ORAL HEARINGS FOR THE PRESENTATION OF EVIDENCE OR FOR ORAL

ARGUMENT, OR WHETHER THE PROCEEDINGS SHALL BE CONDUCTED ON THE BASIS OFDOCUMENTS AN OTHER MATERIALS;PROVIDED THAT THE ARBITRAL TRIBUNAL SHALL HOLD

HEARINGS, AT AN APPROPRIATE STAGE OF THE PROCEEDINGS, ON A REQUEST BY A PARTY,

UNLESS THE PARTIES HAVE AGREED THAT NO ORAL HEARING SHALL BE HELD.

(2) THE PARTIESSHALL BEGIVEN SUFFICIENTADVANCE NOTICE OFANY HEARING ANDOF ANY

MEETING OF THE ARBITRAL TRIBUNAL FOR THE PURPOSES OF INSPECTION OF DOCUMENTS ,

GOODS OR OTHER PROPERTY.

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(3)ALL STATEMENTS, DOCUMENTS OR OTHER INFORMATION SUPPLIED TO, OR APPLICATIONS

MADE TO, THE ARBITRAL TRIBUNAL BY ONE PARTY SHALL BE COMMUNICATED TO THE O THER

PARTY, AND ANY EXPERT REPORT OR EVIDENTIARY DOCUMENT ON WHICH THE ARBITRAL

TRIBUNAL MAY RELY IN MAKING ITS DECISION SHALL BE COMMUNICATED TO THE PARTIES.

DEFAULT OF A PARTY.-UNLESS OTHERWISE AGREED BY THE PARTIES, WHERE, WITHOUT SHOWING SUFFICIENT

CAUSE,----A. THE CLAIMANT FAILS TO COMMUNICATE HIS STATEMENT OF CLAIM IN

ACCORDANCE WITH SUB-SECTION (1) OF SECTION 23, THE ARBITRAL TRIBUNAL SHALL

TERMINATE THE PROCEEDINGS; B. THE RESPONDENT FAILS TO COMMUNICATE HIS STATEMENT

OF DEFENCE IN ACCORDANCE WITH SUB-SECTION (1) OF SECTION 23, THE ARBITRAL TRIBUNAL

SHALL CONTINUE THE PROCEEDINGS WITHOUT TREATING THAT FAILURE IN ITSELF AS AN

ADMISSION OF THE ALLEGATIONS BY THE CLAIMANT. C. A PARTY FAILS TO APPEAR AT AN ORAL

HEARING OR TO PRODUCE DOCUMENTARY EVIDENCE, THE ARBITRAL TRIBUNAL MAY CONTINUE

THE PROCEEDINGS AND MAKE THE ARBITRAL AWARD ON THE EVIDENCE BEFORE IT.

EXPERT APPOINTED BY ARBITRAL TRIBUNAL(1)UNLESS OTHERWISE AGREED BY THEPARTIES, THE ARBITRAL TRIBUNAL MAY---(A)

APPOINT ONE OR MORE EXPERTS TO REPORT TO IT ON SPECIFIC ISSUES TO BE DETERMINED BY

THEARBITRAL TRIBUNAL, AND(B) REQUIRE A PARTYTO GIVETHE EXPERTANY

RELEVANTINFORMATION ORTO PRODUCE, ORTO PROVIDE ACCESS TO, ANY RELEVANT

DOCUMENTS, GOODS OR OTHER PROPERTY FOR HIS INSPECTION.

(2)UNLESS OTHERWISE AGREED BY THE PARTIES , IF A PARTY SO REQUESTS OR IF THE

ARBITRAL TRIBUNAL CONSIDERS IT NECESSARY, THE EXPERT SHALL, AFTER DELIVERY OF HIS

WRITTEN OR ORAL REPORT, PARTICIPATE ON AN ORAL HEARING WHERE THE PARTIES HAVE THE

OPPORTUNITY TO PUT QUESTIONS TO HIM AND TO PRESENT EXPERT WITNESSES IN ORDER TO

TESTIFY ON THE POINTS AT ISSUE.

(3)UNLESS OTHERWISE AGREED BY THE PARTIES , THE EXPERT SHALL, ON THE REQUEST OF A

PARTY, MAKE AVAILABLE TO THAT PARTY FOR EXAMINATION ALL DOCUMENTS , GOODS OR

OTHER PROPERTY IN THE POSSESSION OF THE EXPERT WITHWHICH HE WAS PROVIDED IN ORDER

TO PREPARE HISREPORT.

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COURT ASSISTANCE IN TAKING EVIDENCE(1)THE ARBITRAL TRIBUNAL, OR A PARTY WITH THE APPROVAL OF THE ARBITRAL TRIBUNAL ,

MAY APPLY TO THE COURT FOR ASSISTANCE IN TAKING EVIDENCE.(2)THE APPLICATION SHALL

SPECIFY---

-(A) THE NAMES AND ADDRESSESOF THEPARTIES AND THE ARBITRATORS.(B) THE GENERAL NATURE OFTHE CLAIM AND THE RELIEF SOUGHT;

(C) THE EVIDENCE TO THE OBTAINED, INPARTICULAR,----

I. THENAMEANDADDRESSOFANYPERSONTOBEHEARDAS WITNESS OREXPERTWITNESS

AND A STATEMENT OF THE SUBJECT-MATTER OF THE TESTIMONY

REQUIRED;II. THEDESCRIPTIONOFANDOCUMENTTOBEPRODUCEDORPROPERTYTO

BEINSPECTED.

(3)THE COURT MAY, WITHINITS COMPETENCE ANDACCORDING TO ITSRULES ONTAKING

EVIDENCE, EXECUTE THE REQUEST OR ORDERING THAT THE EVIDENCE BE PROVIDED DIRECTLY

TO THE ARBITRAL TRIBUNAL.

(4)THE COURT MAY, WHILE MAKING OR ORDER UNDER SUB-SECTION (3), ISSUE THE SAME

PROCESSES TO WITNESSES AS IT MAY ISSUE IN SUITS TRIED BEFORE IT

MAKING OF ARBITRAL AWARDAND TERMINATION OF PROCEEDINGSRULES APPLICABLE TO SUBSTANCE OF DISPUTE.-

(1)WHERE THE PLACE OF ARBITRATION ISSITUATE IN INDIA,-----

(A) IN ANARBITRATION OTHERTHAN ANINTERNATIONAL COMMERCIALARBITRATION,

THEARBITRAL TRIBUNAL SHALL DECIDE THE DISPUTE SUBMITTED TO ARBITRATION INACCORDANCE WITH THE SUBSTANTIVE LAW FOR THE TIME BEING IN FORCE IN INDIA;

(B) IN INTERNATIONALCOMMERCIAL ARBITRATION,----

I. THEARBITRALTRIBUNALSHALLDECIDEDTHEDISPUTEINACCORDANCEWITHTHERULESO

FLAWDESIGNATED BY THE PARTIES AS APPLICABLE TO THE SUBSTANCE OF THE DISPUTE

(II) ANYDESIGNATIONBYTHEPARTIESOFTHE LAW ORLEGALSYSTEM OFAGIVENCOUNTRY

SHALL BE CONSTRUED, UNLESS OTHERWISE EXPRESSED, AS DIRECTLY REFERRING TO THE

SUBSTANTIVE LAW OF THAT COUNTRY AND NOT TO ITS CONFLICT OF LAWS RULES

(III) FAILINGANYDESIGNATIONOFTHELAWUNDERCLAUSE (A) BYTHEPARTIES, THEARBIT

RALTRIBUNAL SHALL APPLY THE RULES OF LAW IT CONSIDERS TO BE APPROPRIATE GIVEN ALL

THE CIRCUMSTANCES SURROUNDING THE DISPUTE.

(2)THE ARBITRAL TRIBUNAL SHALL DECIDE EX AEQUO ETBONO OR AS AMIABLE COMPOSITE

URONLY IF THE PARTIES HAVE EXPRESSLY AUTHORISED IT TO DO SO.

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(3)IN ALL CASES, THE ARBITRAL TRIBUNAL SHALL DECIDE IN ACCORDANCE WITH THE TERMS

OF THE CONTRACT AND SHALL TAKE INTO ACCOUNT THE USAGES OF THE TRADE APPLICABLE

TO THE TRANSACTION.

DECISION MAKING BY PANEL OF ARBITRATORS(1)UNLESS OTHERWISE AGREED BY THE PARTIES, IN ARBITRAL PROCEEDINGS WITH MORE

THAN ONE ARBITRATOR, ANY DECISION OF THE ARBITRAL TRIBUNAL SHALL BE MADE BY A

MAJORITY OF ALL ITS MEMBERS.

(2)NOTWITHSTANDING SUB-SECTION (1), IF AUTHORISED BY THE PARTIES OR ALL THE

MEMBERS OF THE ARBITRAL TRIBUNAL, QUESTIONS OF PROCEDURE MAY BE DECIDED BY THE

PRESIDING ARBITRATOR.

SETTLEMENT.-1)IT IS NOT INCOMPATIBLE WITH AN ARBITRATION AGREEMENT FOR AN ARBITRAL TRIBUNAL

TO ENCOURAGE SETTLEMENT OF THE DISPUTE AND, WITH THE AGREEMENT OF THE PARTIES,

THE ARBITRAL TRIBUNAL MAY USE MEDIATION, CONCILIATION OR OTHER PROCEDURES AT ANY

TIME DURING THE ARBITRAL PROCEEDINGS TO ENCOURAGE SETTLEMENT.

2) IF, DURING ARBITRAL PROCEEDINGS, THE PARTIES SETTLE THE DISPUTE, THE ARBITRAL

TRIBUNAL SHALL TERMINATE THE PROCEEDINGS AND, IF REQUESTED BY THE PARTIES AND NOT

OBJECTED TO BY THE ARBITRAL TRIBUNAL, RECORD THE SETTLEMENT IN THE FORM OF AN

ARBITRAL AWARD ON AGREED TERMS.

3) AN ARBITRAL AWARD ON AGREED TERMS SHALL BE MADE IN ACCORDANCE WITH SECTION31 AND SHALL STATE THAT IT IS AN ARBITRAL AWARD .4) AN ARBITRAL AWARD ONAGREED

TERMS SHALL HAVETHE SAME STATUS AND EFFECT AS ANY OTHER ARBITRAL AWARD ON THE

SUBSTANCE OF THE DISPUTE.

FORM AND CONTENTS OF ARBITRAL AWARD(1)AN ARBITRAL AWARD SHALL BE MADE IN WRITING AND SHALL BE SIGNED BY THE

MEMBERS OF THE ARBITRAL TRIBUNAL.

(2)FOR THE PURPOSES OF SUB-SECTION (1), IN ARBITRAL PROCEEDINGS WITH MORE THAN ONE

ARBITRATOR, THE SIGNATURES OF THE MAJORITY OF ALL THE MEMBERS OF THE ARBITRAL

TRIBUNAL SHALL BE SUFFICIENT SO LONG AS THE REASON FOR ANY OMITTED SIGNATURE IS

STATED.

(3)THE ARBITRAL AWARD SHALL STATE THE REASONSUPON WHICH IT IS BASED, UNLESS------

(A) THE PARTIES HAVE AGREEDTHAT NO REASONSARE TO BEGIVEN, OR(B) THE AWARD IS

ANARBITRAL AWARD ON AGREEDTERMS UNDER SECTION 30.

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(4)THE ARBITRAL AWARD SHALL STATE ITS DATE AND THE PLACE OF ARBITRATION AS

DETERMINED IN ACCORDANCE WITH SECTION 20 AND THE AWARD SHALL BE DEEMED TO HAVE

BEEN MADE AT THAT PLACE.

(5)AFTER THE ARBITRAL AWARD IS MADE, ASIGNED COPY SHALL BE DELIVERED TO

EACHPARTY.

(6)THE ARBITRAL TRIBUNAL MAY, AT ANY TIME DURING THE ARBITRAL PROCEEDINGS , MAKE

AN INTERIM ARBITRAL AWARD ON ANY MATTER WITH RESPECT TO WHICH IT MAY MAKE A

FINAL ARBITRAL AWARD.

(7)(A)UNLESS OTHERWISE AGREED BY THE PARTIES , WHERE AND IN SO FAR AS AN ARBITRAL

AWARD IS FOR THE PAYMENT OF MONEY, THE ARBITRAL TRIBUNAL MAY INCLUDE IN THE SUM

FOR WHICH THE AWARD IS MADE INTEREST , AT SUCH RATE AS IT DEEMS REASONABLE, ON THE

WHOLE OR ANY PART OF THE MONEY, FOR THE WHOLE OR ANY PART OF THE PERIOD BETWEEN

THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND THE DATE ONWHICH THE AWARD IS

MADE.

(B)A SUM DIRECTED TO BE PAID BY AN ARBITRAL AWARD SHALL , UNLESS THE AWARD OTHERWISE DIRECTS, CARRY INTEREST AT THE RATE OF EIGHTEEN PER CENTUM PER ANNUM FROM

THE DATE OF THE AWARD TO THE DATE OF PAYMENT.

(8)UNLESS OTHERWISE AGREED BY THE PARTIES ,----

(A) THE COSTS OFAN ARBITRATION SHALL BEFIXED BY THEARBITRAL TRIBUNAL;

(B) THE ARBITRAL TRIBUNALSHALL SPECIFY---

I. THEPARTYENTITLEDTOCOSTS,

II. THEPARTYWHOSHALLPAYTHECOSTS,

III. THEAMOUNTOFCOSTSORMETHODOFDETERMININGTHATAMOUNT, ANDIV. THEMANNE

RINWHICHTHECOSTSSHALLBEPAID.EXPLANATION.---

FOR THE PURPOSE OF CLAUSE (A),"COSTS" MEANS REASONABLE COSTS RELATING TO---

(I) THE FEES AND EXPENSES OFTHE ARBITRATORS AND WITNESSES,

(II) LEGAL FEES AND EXPENSES,

(III) ANY ADMINISTRATION FEES OF THE INSTITUTION SUPERVISING THE ARBITRATION, AND

(IV) ANY OTHER EXPENSES INCURRED IN CONNECTION WITH THE ARBITRAL PROCEEDINGS AND

THE ARBITRAL AWARD.

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BIBLIOGRAPHY

PROFESSIONAL PRACTICEBYDR.ROSHANNAMAVATI

VALUATIONENGINEERINGBYM.CHAKRABORTY

ESTIMATING ANDCOSTINGINCIVILENGINEERINGBYB.N.DUTTA

LAWSOFSURVEYORBYNICMARPUBLICATIONS