COURSE TITLE : LAWS O F S U RV E Y O R S

COURSE NO : MQS 312 ASSIGNMENT NO : FIFTY SEVEN

SUBMITTED BY : MS. RAFAT FODKAR REGISTRATION NO:212-07-27-10772-2141

[NATIONAL INSTITUTE OF CONSTRUCTION MANAGEMENT AND RESEARCH]

1

ASSIGNMENT NICMAR/SODE OFFFICE

1.COURSE NO : 2.COURSE :

MQS 312 LAWS SURVEYORS

TITLE

FOR

3.ASSIGNMENT NO : FIFTY SEVEN 4.DATE OF DISPATCH : 5.LAST DATE OF RECEIPT OF ASSIGNMENT AT SODE OFFICE :

ASSIGNMENT 1. IN
ARE CIVIL ENGINEERING CONSTRUCTION PROJECTS THE PARTIES NORMALLY INVOLVED THE

C LIENT, ARCHITECT, ENGINEER, QUANTITY SURVEYOR AND STUDY THE COMPANY /SITE YOU ARE WORKING AT PRESENT AND ON THE RESPECTIVE DUTIES AND ROLES OF EACH PARTY . W HAT
REQUIRED TO BE ?

CONTRACTOR .

WRITE AN ASSIGNMENT IS LACKING IN THE

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

2. WHAT 1996?

ARE THE POWERS OF COURTS UNDER

ARBITRATION

AND

CONCILIATION ACT

ARCHITECT
1. 2. 3. 4. TO UNDERSTAND THE REQUIREMENT OF THE PROJECT FROM THE CLIENT. PREPARATION OF THE INITIAL SKETCHES AND DRAWINGS FOR APPROVALS . GUIDELINES FOR PREPARATION OF BROCHURES/SELLING PLANS. PREPARATION OF MUNICIPAL DRAWINGS WITH AREA CALCULATIONS AS PER THE MUNICIPAL/ GOVERNMENT AUTHORITY BYE LAWS . 5. SUBMITTING PLANS AND OBTAINING N.O.C. FROM DRAINAGE DEPARTMENT AND OTHER DEPARTMENT. 6. OBTAINING DRAWING SANCTIONS FROM MUNICIPAL AUTHORITIES FOR LAYOUTS AND BUILDINGS . 7. SUBMISSION OF RECORD PLANS/DRAWINGS TO MUNICIPAL AUTHORITIES . 8. COMPILING ALL THE DRAWING WHICH IS TOTALLY SELF EXPLANATORY IN ALL RESPECT, STATING ALL SPECIFICATION , SIZES AND LEVELS AS PER THE LIST AND DETAILS . 9. VISIT THE EXECUTION WORK PERIODICALLY TO SOLVE ANY QUERIES RAISED BY THE SITE ENGINEER /CONTRACTOR . 10. VISIT THE SITE TO INSPECT AND CERTIFY QUALITY AND WORKMANSHIP OF EVERY CONSTRUCTION ACTIVITY. 11. HE MUST ENSURE THAT HIS PROFESSIONAL ACTIVITIES DO NOT CONFLICT WITH HIS
GENERAL 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 ECONOMIC DEVELOPMENT OF OUR COUNTRY .

ARCHITECT AND SOCIETY

1. HE 2. HE
HAS TO PROMOTE THE ADVANCEMENT OF ARCHITECTURE , STANDARD OF MUST CONDUCT HIMSELF IN A MANNER WHICH IS NOT DEROGATORY TO HIS ARCHITECTURAL EDUCATION RESEARCH TRAINING AND PRACTICE . PROFESSIONAL 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 OF

CODES OF CONDUCT APPLICABLE TO THE PLACE WHERE HE IS WORKING .

ARCHITECT AND CLIENT

1. IF
IN PRIVATE PRACTICE TO MAKE KNOW ONE `S CLIENT ABOUT THE CONDITIONS OF ENGAGEMENT AND SCALE OF CHARGES AND TO AGREE THAT THESE CONDITIONS SHALL BE THE BASIS OF HIS APPOINTMENT.

2. NOT 3. HE

TO SUB-COMMISSION ANOTHER ARCHITECT OR ARCHITECTS THE WORK FOR

WHICH HE HAS BEEN COMMISSIONED WITHOUT PRIOR CONSENT OF THE CLIENT. IS PROHIBITED TO GIVE DISCOUNT, COMMISSION OR OTHER GIFTS OR INDUCEMENT FOR THE INTRODUCTION OF THE CLIENT TO B OBTAIN THE WORK . A HIGH STANDARD OF INTEGRITY .

HE

MUST MAINTAIN

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 .

ARCHITECT AND HIS EMPLOYEES ASSOCIATES AND CONSULTANTS

THE
ARCHITECT IS TO : HIS EMPLOYEES OR ASSOCIATES WITH SUITABLE WORKING ENVIRONMENT AND RESPECT THE PROFESSIONAL CONTRIBUTION OF HIS EMPLOYEES AND

1. PROVIDE

COMPENSATE THEM FAIRLY AND FACILITATE THEIR PROFESSIONAL DEVELOPMENT.

2. RECOGNISE 3. ENTER

ASSOCIATE AND CONSULTANT . INTO AGREEMENT WITH THEM DEFINING THEIR SCOPE OF WORK RESPONSIBILITIES FUNCTIONS FEES AND MODES OF PAYMENT .

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

FEES ARE USUALLY PAID BY THE CONTRACTOR AS PER THE PENULTIMATE

CERTIFICATE ISSUED UNLESS OTHERWISE PROVIDED .

IN

FOREIGN COUNTRIES THESE

WORK 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 . LIKE:

ON

ACCOUNT OF SPECIALIZATION IN ONE OR MORE

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

ELECTRICAL ENGINEER , RAILWAY ENGINEER , MECHANICAL ENGINEER . FOR CONSTRUCTION OF BUILDING THE PREFIX GENERALLY USED IS CONSULTING ENGINEERING OR S TRUCTURAL D ESIGNER 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 .

DUTIES OF ENGINEER IN CHARGE

TO 1. TO 2. TO 3. TO 4. TO 5. TO 6. TO
PLAN THE PROPER EXECUTION OF THE WORK ON BEHALF OF THE CONTRACTOR . SET OUT THE WORK AND TO GIVE PROPER DIRECTIONS FOR THEIR EXECUTION . SEE THAT ADEQUATE SUPPLY OF MATERIALS IS MAINTAINED AT THE POINT OF KEEP CONTROL OVER THE LABOUR . KEEP A SYSTEMATIC RECORD OF WORKS DONE DAILY AND TO PRESENT THE DISCUSS THE MATTER WITH THE ARCHITECT TO NOTE DOWN HIS INSTRUCTION AND TAKE JOINT MEASUREMENT OF THE WORKS EXECUTED WITH THE CLERKS OF THE

WORKING .

REPORT THAT EFFECT TO THE CONTRACTOR . TO CARRY OUT THE WORK ACCORDINGLY . WORKS.

ARCHITECT RIGHTS AND CONTRACTOR DUTIES

THE
VARIATION CAN BE ORDERED BY THE ARCHITECT AND THE SAME SHALL NOT VITIATE THE CONTRACT . CONTRACT BASIS .

THE

CONTRACTOR CANNOT REFUSE TO DO FURTHER WORKS ON

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

AT

TIMES THE ARCHITECT IS REQUIRED TO MAKE THE NECESSARY MODIFICATIONS IN

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

THE

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

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 . HE WILL NOT BE ENTITLE TO ANY EXTRA. WORK

THE

CONTRACTOR CAN DEVIATE FROM

THE DRAWINGS OR SPECIFICATIONS OR THE INSTRUCTIONS OF ARCHITECT AS OTHERWISE

WHEN

OWNER KNOW THAT EXTRA ARE

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

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 , MACHINERIES SHED 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 THE DETERMINATION . IN ADDITION TO THE ABOVE THE CONTRACTOR WILL HAVE TO LIEN OVER ALL UNFIXED MATERIALS TILL THE PAYMENT IS RECEIVED FROM THE OWNER .

CONTRACTOR DUTIES AND LIABILITIES

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 IF

THE 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 GOOD

WORKMANSHIP AND A LIMITED LIABILITY OF THE DESIGN REST ON THE CONTRACTOR ALSO. IF THE CONTRACTOR DOES NOT SPECIFY THE MIX OF THE CONCRETE FOR THE INTENDED FUNCTIONS OF CONCRETE .

R.C.C

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

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 A)

FORM OF WASTAGE , AND FOR THEIR CUTTING THE CONTRACTOR IS RESPONSIBLE DUE TO FOLLOWING FACTS : AND CUTTING .

THAT

THE LENGTH WERE RECOMMENDED AND NOT

SPECIFIED IN THE FORM OF SURETY .

B) THE CONTRACTOR

INCLUDE ALL THE WASTAGE

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 IMPLIED

WARRANTY 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 WHEN

EXECUTING THE WORK .

AN

ADJOINING OLD BUILDING WAS DAMAGED DUE TO THE

HEAVY VIBRATION CREATED DUE TO THE PILING WORK . BUILDING WAS THE OLD MAN .

IT WAS

HELD THAT THE

CONTRACTOR WAS RESPONSIBLE FOR THE SAME EVEN THOUGH THE ADJOINING

6. THE

CONTRACTOR HAS NO IMPLIED OR AUTHORITY TO VARY THE WORK EVEN UNDER

THE 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 NOT 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 CAPITAL IN WORK c) PRESENT VALUE OF THE PROFIT AS THE PROFIT WOULD HAVE AFTER CERTAIN DURATION WHEN THE WORK WAS COMPLETE .

BEEN RECEIVED

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

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USING THE SAME CONTRACTOR TO ENSURE

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 S CHEDULE OF W ORK PROGRESS AND MONITORS THE PERIODICAL PROGRESS OF THE WORK. H E IS INVOLVED IN ALL THE TECHNICAL/ REVIEW MEETINGS WITH THE CONTRACTOR DURING THE EXECUTION OF THE PROJECT. CONTRACTOR SHOULD ADDRESS ANY DISCREPANCY ARISES DURING THE EXECUTION OF THE P ROJECT TO THE P ROJECT ENGINEER ONLY WITH DUE COORDINATION OF THE S ITE ENGINEER FROM THE DEPARTMENT

SITE ENGINEER:
SITE ENGINEER IS THE PERSON DEPUTED ON THE SITE FOR CLOSE MONITORING OF THE PROGRESS OF THE PROJECT. HE COMMUNICATES ALL THE TECHNICAL INFORMATION TO THE REPRESENTATIVES OF THE CONTRACTOR WORKING DIRECTLY ON SITE. H E RECEIVES INSTRUCTIONS FROM THE P ROJECT ENGINEER AND EXECUTES THE PROJECT UNDER HIS GUIDANCE WITH THE HELP OF SUPERVISORS ASSISTING HIM . HE IS RESPONSIBLE FOR TIMELY
RECORDING OF THE MEASUREMENTS OF THE WORKS AND CALCULATING THE QUANTITIES OF ITEMS 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 S ITE E XECUTION OF THE P ROJECT. 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 C LIENT AND THE MANAGEMENT OF THE COMPANY . HE COORDINATES REGULARLY WITH THE P ROJECT ENGINEER FROM THE DEPARTMENT (EMPLOYER / CLIENT) FOR ALL THE ACTIVITIES PERTAINING TO THE PROGRESS OF THE P ROJECT. H E IS THE PERSON WHO COMMUNICATES ALL THE MATTERS TO THE CLIENT ON BEHALF OF THE CONTRACTOR THROUGH THEIR P ROJECT E NGINEER . H E IS THE SOLE
RESPONSIBLE PERSON FOR THE PROGRESS AND QUALITY OF CONSTRUCTION OF THE

PROJECT. HE HAS TO MAKE PERIODICAL SCHEDULES AND PLAN FOR THE RESOURCES MATERIAL AND MAN -POWER .

LIKE

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DETERMINATION OF THE CONTRACT BY THE CONTRACTOR

THE
CONTRACTOR CAN DETERMINE THE CONTRACT ON THE FOLLOWING GROUNDS : OF INTERIM CERTIFICATE IS NOT RECEIVED WITHIN THE PERIOD

1. AMOUNT

MENTIONED 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 CERTIFICATE OUT THE WHOLE OR SUBSTANTIALLY THE WHOLE OF INCOMPLETE OR DAMAGE OCCASIONED BY ANYONE OR MORE OF THE

DUE UNDER THE CONTRACT.

3. CARRYING

WORK IS SUSPENDED FOR A CONTINUOUS PERIOD OF LENGTH BY REASONS OF :

FORCE MAJEURE , LOSS

CONTINGENCIES 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 SHALL GIVE THE CONTRACTOR RIGHT OF ACCESS TO, AND POSSESSION OF, ALL PARTS OF THE S ITE 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 E MPLOYER SHALL DO SO IN THE TIME AND MANNER STATED IN THE S PECIFICATION . 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 S ITE WITHIN SUCH TIMES AS REQUIRED TO ENABLE THE CONTRACTOR TO PROCEED WITHOUT DISRUPTION IN ACCORDANCE WITH THE PROGRAMMED SUBMITTED UNDER S UB-C LAUSE 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 S UB-C LAUSE 20.1 CONTRACTORS C LAIMS TO:(A) AN EXTENSION OF TIME FOR ANY SUCH DELAY , IF COMPLETION IS OR WILL BE DELAYED , UNDER S UB-C LAUSE 8.4 [EXTENSION OF T IME FOR COMPLETION ], AND(B ) PAYMENT OF ANY SUCH COST PLUS PROFIT , WHICH SHALL BE INCLUDED IN THE CONTRACT P RICE.

CLIENTS RESPONSIBILITIES
THE
FOLLOWING SHALL BE THE RESPONSIBILITIES OF THE CLIENT: DETAILED REQUIREMENT OF THE PROJECT. A CORRECT SITE PLAN TO SUITABLE SCALE SHOWING BOUNDARIES AT REPORT ON SOIL CONDITIONS AND SOIL TEST AS REQUIRED BY THE

1. PROVIDE 2. PROVIDE 3. FURNISH

SUITABLE INTERVALS . ARCHITECT. 4. IN THE CASE OF CLIENT BEING A GOVERNMENT AGENCY IT WILL FURNISH PUBLIC WORKS DEPARTMENT S CHEDULE 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 PREPARE A SHORT LIST OF APPROVED

CONTRACTORS WHO WOULD BE ALLOWED TO TENDER , SELECT THE CONTRACTOR FOR PROJECT IN CONSULTATION WITH ARCHITECT .

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GUIDELINES
1. AN 2. A 3. A
EXPERT KNOWLEDGE OF THE TECHNIQUES AND SKILLS REQUIRED TO CARRY OUT THOROUGH UNDERSTANDING OF THE PURPOSES AND FUNCTIONS OF THE BUILDING WORKING KNOWLEDGE OF THE THE DESIGN . TO BE ERECTED .

ACT, BYE-LAWS

AND OTHER REGULATIONS

AFFECTING BUILDINGS .

4. THE ABILITY TO ADVISE ON COSTS . 5. SKILLS IN THE PREPARATIONS OF DRAWING PLANS 6. THE 7. THE

TO ENSURE THAT BUILDING WILL

FULFIL ALL REQUIREMENTS AT MOST ECONOMIC COST. ABILITY TO SUPERINTEND THE DESIGN AND CONSTRUCTION OF THE BUILDING . ABILITY TO ISSUE CERTIFICATE OF PAYMENT.

CLIENTS DUTIES AND LIABILITIES

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 PAY REQUIREMENT OF THE PROJECT. THAT RIGHT CONTRACTOR FOR

THEIR PROFESSIONAL FEES.

2. TO GIVE INSTRUCTION TO THE ARCHITECT ABOUT HIS 3. DISCUSS BID EVALUATION WITH THE ARCHITECT SO

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

4. ACCEPT THE TENDER OR AUTHORIZE THE ARCHITECT TO ACCEPT THE TENDER ON HIS BEHALF. 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 THE
AGENCY OF HIS ARCHITECT WITHIN A REASONABLE TIME

8. TO

MAKE NECESSARY PAYMENTS AS CERTIFIED BY ARCHITECT FROM TIME TO TIME

AND NOT TO INTERFERE WITH ISSUE OF CERTIFICATES

IN

THE CASE OF

HICKMAN &

CO VS ROBERTS (1913) AC 229

FOR EXTRA

WHERE THE EMPLOYER INSTRUCTED THE ARCHITECT

NOT TO ISSUE A CERTIFICATE UNTIL HE HAD RECEIVED THE CONTRACTOR `S ACCOUNT

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 CONSTRUCTIONS

HOWEVER, IF AND TO THE EXTENT THAT THE EMPLOYER S FAILURE WAS CAUSED BY ANY ERROR OR DELAY BY THE CONTRACTOR , INCLUDING AN ERROR IN, OR DELAY IN THE SUBMISSION OF, ANY OF THE CONTRACTOR S DOCUMENTS , THE CONTRACTOR SHALL NOT BE ENTITLED TO SUCH EXTENSION OF TIME, COST OR PROFIT THE EMPLOYER SHALL PROVIDE, AT THE REQUEST OF THE CONTRACTOR , SUCH REASONABLE ASSISTANCE AS TO ALLOW THE CONTRACTOR TO OBTAIN PROPERLY : (A) COPIES LAWS OF THE COUNTRY WHICH ARE RELEVANT TO THE CONTRACT BUT 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 UNDER SUB-C LAUSE 1.13 COMPLIANCE WITH LAWS (II) FOR THE DELIVERY OF GOODS , INCLUDING CLEARANCE THROUGH CUSTOMS , AND (III) FOR THE EXPORT OF CONTRACTORS EQUIPMENT WHEN IT IS REMOVED FROM THE S ITE ANY 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 CONTRACTOR S REPRESENTATIVE SHALL BE FLUENT IN THE LANGUAGE FOR COMMUNICATIONS DEFINED IN S UB-C LAUSE 1.4 LAW AND LANGUAGE IF THE CONTRACTORS REPRESENTATIVES DELEGATES ARE NOT FLUENT IN THE SAID LANGUAGE , THE CONTRACTOR
OF THE 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 OF THE WORKS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACTS OR DEFAULTS OF ANY S UB CONTRACTOR , HIS AGENTS OR EMPLOYEES , AS IF THEY WERE THE ACTS OR DEFAULTS OF THE CONTRACTOR . UNLESS OTHERWISE STATED IN THE P ARTICULAR CONDITIONS : 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 ; CONTRACTOR SHALL GIVE THE ENGINEER NOT LESS THAN 28 DAYS NOTICE OF THE INTENDED DATE OF THE COMMENCEMENT OF EACH S UBCONTRACTORS WORK , AND OF THE COMMENCEMENT OF SUCH WORK ON THE S ITE; AND EACH SUBCONTRACT SHALL INCLUDE PROVISIONS WHICH WOULD ENTITLE THE EMPLOYER TO REQUIRE THE SUBCONTRACT TO BE ASSIGNED TO THE EMPLOYER UNDER S UB-CLAUSE 4.5 [ASSIGNMENT OF BENEFIT OF
THE

14

SUBCONTRACT ] (IF OR WHEN APPLICABLE ) OR IN THE EVENT OF TERMINATION UNDER SUBCLAUSE 15.2

ASSIGNMENT OF BENEFIT OF SUBCONTRACT IF A SUBCONTRACTOR S OBLIGATIONS EXTEND BEYOND THE EXPIRY DATE OF THE RELEVANT DEFECTS NOTIFICATION P ERIOD AND THE ENGINEER, PRIOR TO THIS DATE , INSTRUCTS THE CONTRACTOR TO ASSIGN THE BENEFIT OF SUCH OBLIGATIONS TO THE EMPLOYER , THEN THE CONTRACTOR SHALL DO SO. UNLESS OTHERWISE STATED IN THE ASSIGNMENT , THE C ONTRACTOR SHALL HAVE NO LIABILITY TO THE E MPLOYER FOR THE WORK CARRIED OUT BY THE S UBCONTRACTOR 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 OUT WORK TO: (A) THE EMPLOYERS PERSONNEL, (B) ANY OTHER CONTRACTORS EMPLOYED BY THE EMPLOYER, AND (C) THE PERSONNEL OF ANY LEGALLY CONSTITUTED PUBLIC AUTHORITIES, WHO MAY BE EMPLOYED IN THE EXECUTION ON OR NEAR THE S ITE 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 INCUR UNFORESEEABLE COST. SERVICES FOR THESE PERSONNEL AND OTHER CONTRACTORS MAY INCLUDE THE USE OF CONTRACTOR S EQUIPMENT, TEMPORARY WORKS OR ACCESS ARRANGEMENTS WHICH ARE THE RESPONSIBILITY OF 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 IN ACCORDANCE WITH CONTRACTOR S DOCUMENTS , THE CONTRACTOR SHALL SUBMIT SUCH DOCUMENTS TO THE ENGINEER IN THE TIME AND MANNER STATED IN THE S PECIFICATION .

SETTING OUT
THE CONTRACTOR SHALL SET OUT THE WORKS IN RELATION TO ORIGINAL POINTS , LINES AND CONTRACT OR NOTIFIED BY THE ENGINEER . THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CORRECT POSITIONING OF ALL PARTS OF THEW ORKS, AND SHALL RECTIFY ANY ERROR IN THE POSITIONS , LEVELS , DIMENSIONS OR ALIGNMENT OF THE W ORKS T HE E MPLOYER 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 ARE USED.
LEVELS OF REFERENCE SPECIFIED IN THE

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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 UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) HAS ADOPTED THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION IN 1985:AND WHEREAS THE GENERAL A SSEMBLY OF THE UNITED NATIONS HAS RECOMMENDED THAT ALL 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 ;

AND WHEREAS THE UNCITRAL HAS ADOPTED THE UNCITRAL CONCILIATION RULES IN 1980;AND WHEREAS THE GENERAL ASSEMBLY OF THE UNITED NATIONS 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 ;

AND WHEREAS THE SAID M ODEL 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 ;

AND WHEREAS 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 R EPUBLIC OF INDIA AS FOLLOWS :-PRELIMINARY 1.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 S TATE OF J AMMU AND KASHMIR ONLY IN SO FAR AS THEY RELATE TO INTERNATIONAL COMMERCIAL ARBITRATION OR , AS THE CASE MAY BE , INTERNATIONAL COMMERCIAL CONCILIATION . E XPLANATION.- 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 O FFICIAL GAZETTE, APPOINT .

(1) IN THIS PART, UNLESS THE CONTEXT OTHERWISE REQUIRES ,16

A) "ARBITRATION " MEANS ANY ARBITRATION WHETHER OR NOT ADMINISTERED BY PERMANENT ARBITRAL INSTITUTION ; B) "ARBITRATION AGREEMENT" MEANS AN AGREEMENT REFERRED TO IN SECTION C) "ARBITRAL AWARD " INCLUDES AN INTERIM AWARD ; D) "ARBITRAL TRIBUNAL " MEANS A SOLE ARBITRATOR OR A PANEL OF ARBITRATORS ; E)

7;

"COURT" MEANS THE PRINCIPAL C IVIL COURT OF ORIGINAL JURISDICTION IN A DISTRICT, AND INCLUDES THE H IGH COURT IN EXERCISE OF ITS ORDINARY ORIGINAL CIVIL JURISDICTION , HAVING JURISDICTION 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 C IVIL COURT , OR ANY 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 INDIA AND WHERE AT LEAST ONE OF THE 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 IS INCORPORATED IN ANY COUNTRY OTHER THAN 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 ; OR 4) THE GOVERNMENT OF 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 AN
ARBITRATION AGREEMENT.

(2) THIS PART SHALL APPLY WHERE THE PLACE 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 LAW FOR THE TIME BEING IN FORCE, IN MATTERS GOVERNED BY THIS P ART, NO JUDICIAL AUTHORITY SHALL INTERVENE EXCEPT WHERE SO PROVIDED IN THIS P ART.

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 THE ARBITRAL TRIBUNAL THAT THE CONTRACT IS NULL AND VOID SHALL NOT JURE THE INVALIDITY OF THE ARBITRATION 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 WITH SECTION 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) SECURITY

THE ARBITRAL TRIBUNAL MAY REQUIRE A PARTY TO PROVIDE APPROPRIATE IN CONNECTION WITH A MEASURE ORDERED UNDER SUB -SECTION (1).

CONDUCT OF ARBITRAL PROCEEDINGS

18.EQUAL TREATMENT OF PARTIES THE PARTIES SHALL BE TREATED WITH EQUALITY AND EACH PARTY SHALL BE GIVEN A FULL OPPORTUNITY TO PRESENT HIS CASE 19.DETERMINATION OF RULES OF PROCEDURE .(1) THE ARBITRAL TRIBUNAL SHALL NOT BE BOUND BY THE CODE OF C IVIL 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 TRIBUNAL IN CONDUCTING ITS PROCEEDINGS . (3) FAILING ANY AGREEMENT REFERRED TO IN SUB -SECTION (2), THE ARBITRAL TRIBUNAL MAY, SUBJECT TO THIS P ART, CONDUCT THE PROCEEDINGS IN THE MANNER IT CONSIDERS APPROPRIATE. (4) THE POWER OF THE ARBITRAL TRIBUNAL UNDER SUB-SECTION (3) INCLUDES THE POWER TO DETERMINE THE ADMISSIBILITY , RELEVANCE, MATERIALITY AND WEIGHT OF ANY EVIDENCE .

PLACE OF ARBITRATION
(1) THE PARTIES ARE FREE TO AGREE ON THE PLACE OF ARBITRATION . (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 TO BE REFERRED TO ARBITRATION IS RECEIVED BY 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 ANY AGREEMENT REFERRED TO IN SUB-SECTION (1), THE ARBITRAL TRIBUNAL
SHALL DETERMINE THE LANGUAGE OR LANGUAGES TO BE USED IN THE ARBITRAL PROCEEDINGS .

(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) T HE 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) W ITHIN 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 OF DOCUMENTS 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 PARTIES SHALL BE GIVEN SUFFICIENT ADVANCE NOTICE OF ANY HEARING AND OF 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 OTHER 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 THE PARTIES , 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 PARTY TO GIVE THE EXPERT ANY RELEVANT INFORMATION OR TO PRODUCE , OR TO 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 WITH WHICH HE WAS PROVIDED IN ORDER TO PREPARE HIS REPORT.

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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 ADDRESSES OF THE PARTIES AND THE ARBITRATORS . (B) THE GENERAL NATURE OF THE CLAIM AND THE RELIEF SOUGHT; (C) THE EVIDENCE TO THE OBTAINED, IN PARTICULAR ,---I. THE NAME AND ADDRESS OF ANY PERSON TO BE HEARD AS WITNESS OR EXPERT WITNESS AND A STATEMENT OF THE SUBJECT -MATTER OF THE TESTIMONY REQUIRED ;II. THE DESCRIPTION OF AN DOCUMENT TO BE PRODUCED OR PROPERTY TO BE INSPECTED . (3) THE COURT MAY, WITHIN ITS COMPETENCE AND ACCORDING TO ITS RULES ON TAKING 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 AWARD AND TERMINATION OF PROCEEDINGS

RULES APPLICABLE TO SUBSTANCE OF DISPUTE .(1) WHERE THE PLACE OF ARBITRATION IS SITUATE IN INDIA,----(A) IN AN ARBITRATION OTHER THAN AN INTERNATIONAL COMMERCIAL ARBITRATION ,
THE ARBITRAL TRIBUNAL SHALL DECIDE THE DISPUTE SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE SUBSTANTIVE LAW FOR THE TIME BEING IN FORCE IN INDIA;

(B) IN INTERNATIONAL COMMERCIAL ARBITRATION,---I. THE ARBITRAL TRIBUNAL SHALL DECIDED THE DISPUTE

IN ACCORDANCE WITH THE RULES O

F LAWDESIGNATED BY THE PARTIES AS APPLICABLE TO THE SUBSTANCE OF THE DISPUTE

(II) ANY DESIGNATION BY THE PARTIES OF THE LAW OR LEGAL SYSTEM OF A GIVEN COUNTRY 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) FAILING ANY DESIGNATION

OF THE LAW UNDER CLAUSE (A) BY THE PARTIES , THE ARBIT

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 ET BONO OR AS AMIABLE COMPOSITE UR ONLY 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 SECTION 31 AND SHALL STATE THAT IT IS AN ARBITRAL AWARD .4) AN ARBITRAL AWARD ON AGREED
TERMS SHALL HAVE THE 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 REASONS UPON WHICH IT IS BASED, UNLESS-----(A) THE PARTIES HAVE AGREED THAT NO REASONS ARE TO BE GIVEN, OR(B) THE AWARD IS AN ARBITRAL AWARD ON AGREED TERMS 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, A SIGNED COPY SHALL BE DELIVERED TO EACH PARTY. (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 ON WHICH THE AWARD IS MADE .

(B) A SUM DIRECTED TO BE PAID BY AN ARBITRAL AWARD SHALL, UNLESS THE AWARD OTHER WISE 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 OF AN ARBITRATION SHALL BE FIXED BY THE ARBITRAL TRIBUNAL; (B) THE ARBITRAL TRIBUNAL SHALL SPECIFY --I. THE PARTY ENTITLED TO COSTS , II. THE PARTY WHO SHALL PAY THE COSTS , III. THE AMOUNT OF COSTS OR METHOD OF DETERMINING THAT AMOUNT, ANDIV . THE MANNE R IN WHICH THE COSTS SHALL BE PAID. EXPLANATION .--FOR THE PURPOSE OF CLAUSE (A), "COSTS " MEANS REASONABLE COSTS RELATING TO--(I) THE FEES AND EXPENSES OF THE 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 PRACTICE BY DR. ROSHAN NAMAVATI VALUATION ENGINEERING BY M. CHAKRABORTY ESTIMATING AND COSTING IN CIVIL ENGINEERING BY B. N. DUTTA LAWS OF SURVEYOR BY NICMAR PUBLICATIONS

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