Construction Disputes and Their Settlement
Construction Disputes and Their Settlement
Construction Disputes and Their Settlement
Development of Disputes
Natural phenomenon!
11. Substantial delay in handing over the site 12. Owners failure in his implied duties 13. Unreasonable rejection of acceptable work 14. Delay in clearances 15. Suspension of work by the owner for his own convenience 16. Rescheduling/prolonging work for financial and other reasons 17. Work arising during maintenance period, which is not covered by the contractors obligations 18. Owners delay in decision over amendments/change orders 19. Quantity variations, for which provision is not made in the contract
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contractor
Settlement by arbitration Through civil courts
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Direct Negotiations
Easiest and least expensive
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5. Informality
6. Proceedings in private premises
7. Finality of award
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The Act:
does not dictate the form of arbitration to be adopted
arbitrator
does not require the arbitrator to state reasons in support of his ruling
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Arbitration Clause
1. All disputes will be settled through arbitration in accordance with the Indian Arbitration Act, 1940 2. The parties may appoint a single arbitrator or each party may nominate an arbitrator and the
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Reference
o Joy, PK, Handbook of Construction Management, MacMillan India o Patil, BS, Civil Engineering Contracts and