详情

原文传递 CONCILIATION AS AN EFFECTIVE DISPUTE RESOLUTION MECHANISM IN HIGHWAY PROJECTS

题名：	CONCILIATION AS AN EFFECTIVE DISPUTE RESOLUTION MECHANISM IN HIGHWAY PROJECTS
正文语种：	eng
作者：	Sanjay Kumar Nirmal
摘要：	Ministry of Road Transport & Highways has enhanced the pace of development and construction of National Highways in the entire country through its various agencies including NHAI, NHIDCL, State PWDs, BRO etc. These agencies are entering into various contract agreement with the Concessionaires/ contractors/consultants on behalf of Ministry for implementing these highway projects in various modes viz. item rate, EPC, BOT (toll), BOT (annuity), hybrid annuity etc. Under these contract agreements several disputes have been arising which are not only involving exorbitant legal costs but also causing diversion of precious resources of both parties involved in disputes. The construction contracts as entered into between the contractor and department is of reciprocal promises and sequence of performance of promise is in the manner in which they are to be performed so that parties to contract can perform subject to conforming with the contract requirements. It has been observed that most disputes as raised by the Contractors under the Arbitration are invariably on account of claims due to failure of department to hand over encumbrance free site, delay in acquisition of land, shifting of utilities, forest clearance, delay in making of Interim payments or final payment under the Contract, delay in decision on issues as sought for by the Contractor as required for execution of work, delay in approval of drawings as submitted by the Contractor or delay in issue of drawings by the Department, dispute as regard interpretation of implementation of a clause or provision of Contract, Contractor not satisfied with the decision of the Engineer on any of the issue(s) raised by the Contractor, failure to issue a variation order where required, dispute as regard any compensation event, idling of resources, machinery and equipment on account of prolongation of stay at site for reasons attributable to the department.
出版年：	2021
期刊名称：	Indian Highways
卷：	49
期：	4