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IT IS TIME TO REVISIT DISCLAIMER 'ARTICLE/CLAUSE' OF MCAs
| 题名： | IT IS TIME TO REVISIT DISCLAIMER 'ARTICLE/CLAUSE' OF MCAs |
| 正文语种： | eng |
| 作者： | S S JOSHI |
| 作者单位： | Yooshin Engineering Corporation |
| 摘要： | In this technical paper the provisions made in MCAs for EPC mode of contract and BOT/HAM mode of contract for highways development towards excessive safeguards of Employer/lient namely "Disclaimer" Article/clause has been examined. The adverse repercussions of its impact on Project Progress is seen manifested wherein aggrieved party (Concessionaire/ Contractor) is taking recourse to legal remedy and in the process generally causing delay in Project completion as well as Employers/Authority suffering financial jolt. Yet another clause with similar effect, viz. clause negating 'doctrine of contra proferentem'-CI 1.2.3 of MCA has the similar effect. After analyzing the present situation on account of such 'Article/Clause' the solution to overcome/lessen the ill effect of it, has been suggested for competent Authority to consider/adopt the suggestions and/or suitable solution to be brought forth in the interest of all stakeholders involved in the development of highways in India. |
| 出版年： | 2021 |
| 期刊名称： | Indian Highways |
| 卷： | 49 |
| 期： | 9 |
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