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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]
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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

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PREPARATION OF THE INITIAL SKETCHES AND DRAWINGS FOR APPROVALS . RESPONSIBLE AND ECONOMIC DEVELOPMENT OF OUR COUNTRY . 3. 9. 2. 6. SUBMISSION OF RECORD PLANS/DRAWINGS TO MUNICIPAL AUTHORITIES . ARCHITECT AND SOCIETY 1. PREPARATION OF MUNICIPAL DRAWINGS WITH AREA CALCULATIONS AS PER THE MUNICIPAL/ GOVERNMENT AUTHORITY BYE LAWS . STANDARD OF MUST CONDUCT HIMSELF IN A MANNER WHICH IS NOT DEROGATORY TO HIS ARCHITECTURAL EDUCATION RESEARCH TRAINING AND PRACTICE . 3 . COMPILING ALL THE DRAWING WHICH IS TOTALLY SELF EXPLANATORY IN ALL RESPECT. STATING ALL SPECIFICATION . VISIT THE SITE TO INSPECT AND CERTIFY QUALITY AND WORKMANSHIP OF EVERY CONSTRUCTION ACTIVITY. HE SHALL APPLY HIS SKILL TO THE CREATIVE . 10. FROM DRAINAGE DEPARTMENT AND OTHER DEPARTMENT. 7. PROFESSIONAL CHARACTER NOR LIKELY TO LESSEN THE CONFIDENCE OF THE PUBLIC IN THE PROFESSION NOR BRING ARCHITECTS INTO DISREPUTE . OBTAINING DRAWING SANCTIONS FROM MUNICIPAL AUTHORITIES FOR LAYOUTS AND BUILDINGS . SUBMITTING PLANS AND OBTAINING N. 5. 4. 8. 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 . WHEN WORKING IN OTHER COUNTRIES HE MUST OBSERVE THE REQUIREMENT OF CODES OF CONDUCT APPLICABLE TO THE PLACE WHERE HE IS WORKING .O. 12. SIZES AND LEVELS AS PER THE LIST AND DETAILS . VISIT THE EXECUTION WORK PERIODICALLY TO SOLVE ANY QUERIES RAISED BY THE SITE ENGINEER /CONTRACTOR . HE HAS TO PROMOTE THE ADVANCEMENT OF ARCHITECTURE . HE 2. 11.C.ARCHITECT 1. GUIDELINES FOR PREPARATION OF BROCHURES/SELLING PLANS. 3. TO UNDERSTAND THE REQUIREMENT OF THE PROJECT FROM THE CLIENT.

PROVIDE COMPENSATE THEM FAIRLY AND FACILITATE THEIR PROFESSIONAL DEVELOPMENT. 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. NOT 3. 2. A HIGH STANDARD OF INTEGRITY . 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. 4 . HE TO SUB-COMMISSION ANOTHER ARCHITECT OR ARCHITECTS THE WORK FOR WHICH HE HAS BEEN COMMISSIONED WITHOUT PRIOR CONSENT OF THE CLIENT. 2. ENTER ASSOCIATE AND CONSULTANT .ARCHITECT AND CLIENT 1. RECOGNISE 3. COMMISSION OR OTHER GIFTS OR INDUCEMENT FOR THE INTRODUCTION OF THE CLIENT TO B OBTAIN THE WORK . INTO AGREEMENT WITH THEM DEFINING THEIR SCOPE OF WORK RESPONSIBILITIES FUNCTIONS FEES AND MODES OF PAYMENT . EVEN THOUGH HE HAS BEEN APPOINTED BY THE CLIENT AND HE IS HIS PAYMASTER . IS PROHIBITED TO GIVE DISCOUNT. YET HE HAS TO ACT WITH FAIRNESS AND IMPARTIALITY WHEN ADMINISTRATING A BUILDING CONTRACT . HE MUST MAINTAIN 4.

RAILWAYS . 5 . HIS NATURE FEES ARE USUALLY PAID BY THE CONTRACTOR AS PER THE PENULTIMATE CERTIFICATE ISSUED UNLESS OTHERWISE PROVIDED . ADVISE ON THE VALUE OF WORK FOR THE FINAL CERTIFICATE . ADVISE ON THE VALUE OF WORK FOR INTERIM CERTIFICATES . ROADS. 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 . 7. NEGOTIATING AND OBTAINING QUOTATIONS FOR WORKS FROM SPECIALISTS . PREPARE A BUILDING CONTRACT. 6. 5. MECHANICAL ENGINEER . MEASURE AND VALUE ALL VARIATIONS UNDER THE CONTRACT. BRIDGES .C. 3. 2.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 .QUANTITY SURVEYOR THE FUNCTION OF A QUANTITY SURVEYOR WHICH ARE OF HIGHLY SPECIALIZED ARE:1. 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 . TO PREPARE SCHEDULE TO BE PRICED BY THE TENDERER . 4. TO PREPARE ESTIMATE OF THE WORKS . ENGINEER IT IS A TERM OF WIDE CONNOTATION RANGING FROM DESIGNING AND SUPERVISING EXECUTING CONSTRUCTION WORKS IN GENERA INCLUDING BUILDING . FOR CONSTRUCTION OF BUILDING THE PREFIX GENERALLY USED IS CONSULTING ENGINEERING OR S TRUCTURAL D ESIGNER OR R.

EXTRA. SEE THAT ADEQUATE SUPPLY OF MATERIALS IS MAINTAINED AT THE POINT OF KEEP CONTROL OVER THE LABOUR . CONTRACT BASIS . ARCHITECT RIGHTS AND CONTRACTOR DUTIES THE VARIATION CAN BE ORDERED BY THE ARCHITECT AND THE SAME SHALL NOT VITIATE THE CONTRACT . 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 . TO 5. 6 . REPORT THAT EFFECT TO THE CONTRACTOR . TO 6. 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 .DUTIES OF ENGINEER IN CHARGE TO 1. TO 2. 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. 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 . 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 . TO CARRY OUT THE WORK ACCORDINGLY . IN CASE OF OMISSION THE CONTRACTOR WILL NOT BE ENTITLED TO THE LOSS OF PROFIT UNLESS IT IS AGREED TO IN ADVANCE . TO PLAN THE PROPER EXECUTION OF THE WORK ON BEHALF OF THE CONTRACTOR . IT SHOULD BE CLEARLY UNDERSTOOD THAT IF SUCH MODIFICATIONS INVOLVE EXTRAS . TO 4. HE WILL BE HELD TO BE RATIFIED THE CONTRACT MADE OR TO HAVE IMPLIEDLY PROMISED TO PAY A REASONABLE PRICE FOR THE WORK. WORKS. HE WILL NOT BE ENTITLE TO ANY EXTRA. SET OUT THE WORK AND TO GIVE PROPER DIRECTIONS FOR THEIR EXECUTION . TO 3.

3.C WORKS THE CONTRACTOR IS EXPECTED TO SELECT AND PROVIDE A SUITABLE MIX FOR 7 . PLANTS . IF THE CONTRACTOR DOES NOT SPECIFY THE MIX OF THE CONCRETE FOR THE INTENDED FUNCTIONS OF CONCRETE . THE CONTRACTOR IS TO BE PAID FOR THE WORK EXECUTED OR PARTLY EXECUTED. THE CONTRACTOR TO REMOVE ALL GOODS . R. CONTRACTOR TO BE PAID FOR ALL UNFIXED MATERIALS LYING ON SITES AND ALSO FOR COST OF REMOVAL OF GOODS . 4. 2.THE VARIATIONS MUST BE CONFIRMED BY THE ARCHITECT WITHIN THE REASONABLE TIME AND RATES IF POSSIBLE . CONTRACTOR DUTIES AND LIABILITIES THE CONTRACTOR DUTIES AND LIABILITIES ARE GIVEN IN THE CONDITIONS OF THE CONTRACT. RIGHTS OF THE CONTRACTOR 1. 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 . MACHINERIES SHED FROM SITE WITH SUCH PRECAUTIONS SO AS TO PREVENT INJURY DEATH OR DAMAGE OF ANYONE . 1. IN ADDITION TO THE ABOVE THE CONTRACTOR WILL HAVE TO LIEN OVER ALL UNFIXED MATERIALS TILL THE PAYMENT IS RECEIVED FROM THE OWNER . SCAFFOLDINGS . 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 . MOREOVER THERE ARE CERTAIN IMPLIED DUTIES AND LIABILITIES FROM WHICH THE CONTRACTOR CANNOT ESCAPE .C. IF THE RATES ARE NOT AGREED UPON THEN THE SAME ARE TO BE VALUED AS PER THE MODE GIVEN IN THE ACCOUNT. 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. HE SHALL AFFORD THE SAME FACILITIES TO HIS SUB CONTRACTORS FOR THE ABOVE 2. 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. UNDER SUCH CIRCUMSTANCES THE CONTRACTOR CANNOT RECOVER THE PAYMENT ON QUANTUM MERE IT AND FURTHER CANNOT FILE A SUIT FOR THE RECOVERY . ANY DIRECT LOSS OR DAMAGE CAUSED TO THE CONTRACTOR BY THE DETERMINATION .

SKILL. B) THE CONTRACTOR INCLUDE ALL THE WASTAGE HENCE HE CANNOT CLAIM FOR THE WASTAGE OF STEEL IN R. THAT THE LENGTH WERE RECOMMENDED AND NOT SPECIFIED IN THE FORM OF SURETY . 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 . 7. 4. IT WAS HELD THAT THE CONTRACTOR WAS RESPONSIBLE FOR THE SAME EVEN THOUGH THE ADJOINING 6. AFTER THEY ARE DRIVEN IN ADD LENGTH REMAIN ABOVE GROUND LEVEL IN THE A) FORM OF WASTAGE . PRECAST R. BUILDING WAS THE OLD MAN . 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.3. 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.C. 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 . JUDGEMENT. 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 . AND FOR THEIR CUTTING THE CONTRACTOR IS RESPONSIBLE DUE TO FOLLOWING FACTS : AND CUTTING .C PILES ARE CAST BY THE CONTRACTOR TO LENGTH RECOMMENDED BY THE ARCHITECT FOR THE FOUNDATION . 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 . THE CONTRACTOR WILL NOT BE ABLE TO RECOVER ITS EXTRA COST AND SAME WILL HAVE TO BE RECTIFIED AT OWN COST . CONTRACTOR MAY VARY THE WORK UNDER INSTRUCTION FROM THE OWNER THUS INFRINGING THE RULES AND REGULATIONS OF LOCAL AUTHORITY . BEEN RECEIVED 8 . THE OWNER WHEN HE EMPLOYS A CONTRACTOR RELIES ON HIS KNOWLEDGE .C. HONESTY . 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. THE CONTRACTOR HAS NO IMPLIED OR AUTHORITY TO VARY THE WORK EVEN UNDER THE INSTRUCTION FROM THE OWNER WITHOUT PRIOR CONSULTATION OF THE ARCHITECT.C WORK OR FOR THE WASTAGE OF WOOD IN CASE OF DOORS AND WINDOWS .

THUS PROTECTING PUBLIC FUNDS. • NOTIFYING MANAGEMENT AND THE OFFICE OF THE ATTORNEY GENERAL IF SERIOUS PROBLEMS ARISE . • ENSURE FUNDING IS USED ONLY FOR AUTHORIZED PURPOSES . • MEASURING AND TRACKING AGENCY SATISFACTION WITH CONTRACTOR PERFORMANCE. • PROVIDING THE CONTRACTOR WITH GUIDANCE AND TECHNICAL ASSISTANCE. • MONITORING THE CONTRACTOR’S ACTIVITIES THROUGH A VARIETY OF MEANS TO ENSURE QUALITY SERVICE DELIVERY . TO PROMOTE EFFECTIVE CONTRACT PERFORMANCE . • RESOLVING ISSUES OR PROBLEMS THAT ARISE DURING THE CONTRACT. • IDENTIFYING AND REDUCING FISCAL OR PROGRAM RISKS . • IDENTIFYING THE EXTENT AND SOURCE OF OTHER PUBLIC FUNDING . • COMPLYING WITH FEDERAL AND STATE RULES AND REGULATIONS PERTAINING TO CONTRACT MANAGEMENT . • ASSESSING THE RISKS RELATED TO THE PROJECT BEFORE CONTRACTING FOR SERVICES TO DETERMINE THE EXTENT OF MONITORING APPROPRIATE TO THE CONTRACT. • REVIEWING INVOICES AND VERIFYING THAT DELIVERY OF SERVICES IS RENDERED. • COLLABORATING WITH OTHER STATE AGENCIES 9 USING THE SAME CONTRACTOR TO ENSURE . INCLUDING THE SPECIFIC CONTRACT OBLIGATIONS AND PERFORMANCE INDICATORS BY WHICH PERFORMANCE WILL BE MONITORED.RESPONSIBILITIES OF THE CONTRACTOR RESPONSIBILITIES OF THE CONTRACTOR INCLUDE: • UNDERSTANDING THE CONTRACT. IF ANY. THE CONTRACTOR IS USING TO FUND SERVICES PROVIDED UNDER THE CONTRACT. AS NEEDED. • ENSURING THE CONTRACTOR HAS A CLEAR UNDERSTANDING OF HOW THE CONTRACT WILL BE MANAGED AND MONITORED.

HE HAS TO MAKE PERIODICAL SCHEDULES AND PLAN FOR THE RESOURCES MATERIAL AND MAN -POWER . H E IS THE PERSON WHO COMMUNICATES ALL THE MATTERS TO THE CLIENT ON BEHALF OF THE CONTRACTOR THROUGH THEIR P ROJECT E NGINEER . HE COMMUNICATES ALL THE TECHNICAL INFORMATION TO THE REPRESENTATIVES OF THE CONTRACTOR WORKING DIRECTLY ON SITE. HE COORDINATES WITH ALL CONCERNED DIVISIONS OF THE DEPARTMENT LIKE SAFETY .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. 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. FOR OBTAINING THE PERMITS AND THE SMOOTH COORDINATION OF THE S ITE E XECUTION OF THE P ROJECT. PROJECT ENGINEER: PROJECT ENGINEER IS THE KEY COORDINATOR BETWEEN THE C LIENT AND THE MANAGEMENT OF THE COMPANY . HE IS THE PERSON RESPONSIBLE FOR THE FOLLOW UP WITH CONTRACTOR FOR DAILY PROGRESS OF THE WORK . HE IS RESPONSIBLE FOR TIMELY RECORDING OF THE MEASUREMENTS OF THE WORKS AND CALCULATING THE QUANTITIES OF ITEMS FOR RUNNING BILLS AND FINAL BILLS . ETC. 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. H E IS INVOLVED IN ALL THE TECHNICAL/ REVIEW MEETINGS WITH THE CONTRACTOR DURING THE EXECUTION OF THE PROJECT. H E RECEIVES INSTRUCTIONS FROM THE P ROJECT ENGINEER AND EXECUTES THE PROJECT UNDER HIS GUIDANCE WITH THE HELP OF SUPERVISORS ASSISTING HIM . H E IS THE SOLE RESPONSIBLE PERSON FOR THE PROGRESS AND QUALITY OF CONSTRUCTION OF THE PROJECT. UTILITIES. LIKE 10 .

AND POSSESSION OF. CIVIL COMMOTION. 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. UNDER THE CONTRACT.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. DELAY ON PART OF AGENCIES EMPLOYED BY THE OWNER OF THE WORK OUTSIDE FRAMEWORK OF CONTRACT OR. LOSS CONTINGENCIES REFERRED TO IN CLAUSE OF INSURANCE AGAINST FIRE . THE EMPLOYER IS REQUIRED TO GIVE (TO THE CONTRACTOR ) POSSESSION OF ANY FOUNDATION . THE E MPLOYER SHALL DO SO IN THE TIME AND MANNER STATED IN THE S PECIFICATION .3 11 . 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. 2. THE RIGHT AND POSSESSION MAY NOT BE EXCLUSIVE TO THE CONTRACTOR. HOWEVER. 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 . PLANT OR MEANS OF ACCESS. THE EMPLOYER MAY WITHHOLD ANY SUCH RIGHT OR POSSESSION UNTIL THE PERFORMANCE SECURITY HAS BEEN RECEIVED. THE EMPLOYER SHALL GIVE THE CONTRACTOR RIGHT OF ACCESS TO. STRUCTURE. ALL PARTS OF THE S ITE WITHIN THE TIME (OR TIMES ) STATED IN THE CONTRACT DATA . CLIENT RIGHT OF ACCESS TO THE SITE THE EMPLOYER SHALL GIVE THE CONTRACTOR RIGHT OF ACCESS TO. 3. DELAY BY ARCHITECT IN ISSUING NECESSARY PLANS OR INSTRUCTION . IF. 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. AND POSSESSION OF. CARRYING WORK IS SUSPENDED FOR A CONTINUOUS PERIOD OF LENGTH BY REASONS OF : FORCE MAJEURE . IF NO SUCH TIME IS STATED IN THE CONTRACT DATA.

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. ON THE ADVICE OF THE ARCHITECT PREPARE A SHORT LIST OF APPROVED CONTRACTORS WHO WOULD BE ALLOWED TO TENDER .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 . 6. PROVIDE 3. SELECT THE CONTRACTOR FOR PROJECT IN CONSULTATION WITH ARCHITECT . IN THE CASE OF CLIENT BEING A GOVERNMENT AGENCY IT WILL FURNISH PUBLIC WORKS DEPARTMENT S CHEDULE OF RATES . UNDER S UB-C LAUSE 8. 12 . A CORRECT SITE PLAN TO SUITABLE SCALE SHOWING BOUNDARIES AT REPORT ON SOIL CONDITIONS AND SOIL TEST AS REQUIRED BY THE 1. AND(B ) PAYMENT OF ANY SUCH COST PLUS PROFIT . PAY THE FEES OF THE ARCHITECT WITHIN ONE MONTH OF SUBMISSION OF BILLS . THE CONTRACTOR SHALL GIVE NOTICE TO THE ENGINEER AND SHALL BE ENTITLED SUBJECT TO S UB-C LAUSE 20.4 [EXTENSION OF T IME FOR COMPLETION ]. FURNISH SUITABLE INTERVALS . 7. 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 . 4.1 CONTRACTORS C LAIMS TO:(A) AN EXTENSION OF TIME FOR ANY SUCH DELAY . IF COMPLETION IS OR WILL BE DELAYED . 5. PROVIDE 2. ARCHITECT.

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. 13 . TO APPOINT ARCHITECT . 7. SURVEYOR AND OTHER CONSULTANT AND TO PAY REQUIREMENT OF THE PROJECT. BYE-LAWS AND OTHER REGULATIONS AFFECTING BUILDINGS . ACT. THAT RIGHT CONTRACTOR FOR THEIR PROFESSIONAL FEES. TO BE ERECTED . BECAUSE IN FACE OF THEIR INSTRUCTIONS TO ME I CANNOT ISSUE A CERTIFICATE WHATEVER MY OWN PRIVATE OPINION IN THE MATTER ”.GUIDELINES 1. 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 SUPPLY ALL NECESSARY PLANS DRAWINGS INSTRUCTION IN TIME THROUGH THE AGENCY OF HIS ARCHITECT WITHIN A REASONABLE TIME 8. ABILITY TO ISSUE CERTIFICATE OF PAYMENT. 6. SKILLS IN THE PREPARATIONS OF DRAWING PLANS 6. DISCUSS “BID EVALUATION ” WITH THE ARCHITECT SO THE JOB IN QUESTION IS SELECTED AND GENUINE MISTAKES BE CORRECTED . ABILITY TO SUPERINTEND THE DESIGN AND CONSTRUCTION OF THE BUILDING . ENGINEER . A 3. 4. ACCEPT THE TENDER OR AUTHORIZE THE ARCHITECT TO ACCEPT THE TENDER ON HIS BEHALF. 2. THE 7. 4. AN 2. 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 . TO ENTER INTO A CONTRACT WITH THE CONTRACTOR . THE ABILITY TO ADVISE ON COSTS . 5. NOT TO INTERFERE WITH THE PROGRESS OF THE WORK AND NOT TO ISSUE ORDERS FOR EXTRA WORKS . 5. TO GIVE INSTRUCTION TO THE ARCHITECT ABOUT HIS 3. THE TO ENSURE THAT BUILDING WILL FULFIL ALL REQUIREMENTS AT MOST ECONOMIC COST.

CONTRACTOR SHALL GIVE THE ENGINEER NOT LESS THAN 28 DAYS NOTICE OF THE INTENDED DATE OF THE COMMENCEMENT OF EACH S UBCONTRACTORS WORK .5 [ASSIGNMENT OF BENEFIT OF THE 14 . INCLUDING AN ERROR IN. 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. LICENSES OR APPROVALS REQUIRED BY THE LAWS OF THE COUNTRY: (I) WHICH THE CONTRACTOR IS REQUIRED TO OBTAIN UNDER SUB-C LAUSE 1. INCLUDING CLEARANCE THROUGH CUSTOMS . UNLESS OTHERWISE STATED IN THE P ARTICULAR CONDITIONS : THE CONTRACTOR SHALL NOT BE REQUIRED TO OBTAIN CONSENT TO SUPPLIERS SOLELY OF MATERIALS. AND (B)ANY PERMITS. HIS AGENTS OR EMPLOYEES . COST OR PROFIT THE EMPLOYER SHALL PROVIDE. THE CONTRACTOR ’S REPRESENTATIVE SHALL BE FLUENT IN THE LANGUAGE FOR COMMUNICATIONS DEFINED IN S UB-C LAUSE 1.13 COMPLIANCE WITH LAWS (II) FOR THE DELIVERY OF GOODS . IF AND TO THE EXTENT THAT THE EMPLOYER ’S FAILURE WAS CAUSED BY ANY ERROR OR DELAY BY THE CONTRACTOR . 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 . 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. OR DELAY IN THE SUBMISSION OF. ANY OF THE CONTRACTOR ’S DOCUMENTS .FIDIC CONDITIONS OF CONTRACTS FOR CONSTRUCTIONS HOWEVER. THE CONTRACTOR SHALL NOT BE ENTITLED TO SUCH EXTENSION OF TIME. AND OF THE COMMENCEMENT OF SUCH WORK ON THE S ITE. FUNCTIONS AND AUTHORITY BEING DELEGATED OR REVOKED . THE CONTRACTOR OF THE SHALL MAKE COMPETENT INTERPRETERS AVAILABLE DURING ALL WORKING HOURS IN A NUMBER DEEMED SUFFICIENT BY THE ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACTS OR DEFAULTS OF ANY S UB CONTRACTOR .4 LAW AND LANGUAGE IF THE CONTRACTORS REPRESENTATIVES DELEGATES ARE NOT FLUENT IN THE SAID LANGUAGE . SUBCONTRACTORS THE CONTRACTOR SHALL NOT SUBCONTRACT THE WHOLE OF THE WORKS. AS IF THEY WERE THE ACTS OR DEFAULTS OF THE CONTRACTOR . AT THE REQUEST OF THE CONTRACTOR . 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 .

THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CORRECT POSITIONING OF ALL PARTS OF THEW ORKS. CO-OPERATION THE CONTRACTOR SHALL . PRIOR TO THIS DATE . THE EMPLOYER IS REQUIRED TO GIVE TO THE CONTRACTOR POSSESSION OF ANY FOUNDATION . 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. WHO MAY BE EMPLOYED IN THE EXECUTION ON OR NEAR THE S ITE OF ANY WORK NOT INCLUDED IN THE CONTRACT.SUBCONTRACT ] (IF OR WHEN APPLICABLE ) OR IN THE EVENT OF TERMINATION UNDER SUBCLAUSE 15. LEVELS OF REFERENCE SPECIFIED IN THE 15 . 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 . (B) ANY OTHER CONTRACTORS EMPLOYED BY THE EMPLOYER. 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. AND (C) THE PERSONNEL OF ANY LEGALLY CONSTITUTED PUBLIC AUTHORITIES. INSTRUCTS THE CONTRACTOR TO ASSIGN THE BENEFIT OF SUCH OBLIGATIONS TO THE EMPLOYER . AS SPECIFIED IN THE CONTRACT OR AS INSTRUCTED BY THE ENGINEER. ALLOW APPROPRIATE OPPORTUNITIES FOR CARRYING OUT WORK TO: (A) THE EMPLOYER’S PERSONNEL. UNLESS OTHERWISE STATED IN THE ASSIGNMENT . SETTING OUT THE CONTRACTOR SHALL SET OUT THE WORKS IN RELATION TO ORIGINAL POINTS . BUT THE CONTRACTOR SHALL USE REASONABLE EFFORTS TO VERIFY THEIR ACCURACY BEFORE THEY ARE USED. LINES AND CONTRACT OR NOTIFIED BY THE ENGINEER . 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 .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. TEMPORARY WORKS OR ACCESS ARRANGEMENTS WHICH ARE THE RESPONSIBILITY OF THE CONTRACTOR IF. STRUCTURE . THEN THE CONTRACTOR SHALL DO SO. AND SHALL RECTIFY ANY ERROR IN THE POSITIONS . LEVELS . UNDER THE CONTRACT.

(2) IT EXTENDS TO THE WHOLE OF INDIA: PROVIDED THAT PARTS. AND WHEREAS THE UNCITRAL HAS ADOPTED THE UNCITRAL CONCILIATION RULES IN 1980. APPOINT .(1) THIS ACT MAY BE CALLED THE ARBITRATION AND CONCILIATION ACT. E XPLANATION. UNLESS THE CONTEXT OTHERWISE REQUIRES .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 . EXTENT AND COMMENCEMENT. 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. SUBJECT TO THE MODIFICATION THAT FOR THE WORD" ARBITRATION" OCCURRING THEREIN . BY NOTIFICATION IN THE O FFICIAL GAZETTE. 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. BE IT ENACTED BY PARLIAMENT IN THE FORTY -SEVENTH YEAR OF THE R EPUBLIC OF INDIA AS FOLLOWS :-PRELIMINARY 1. IN VIEW OF THE DESIRABILITY OF UNIFORMITY OF THE LAW OF ARBITRAL PROCEDURES AND THE SPECIFIC NEEDS OF INTERNATIONAL COMMERCIAL ARBITRATION PRACTICE . 1996 AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO DOMESTIC ARBITRATION. (1) IN THIS PART.. THE WORD "CONCILIATION " SHALL BE SUBSTITUTED .IN THIS SUB -SECTION . AS THE CASE MAY BE . 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 . AND WHEREAS IT IS EXPEDIENT TO MAKE LAW RESPECTING ARBITRATION AND CONCILIATION .THE POWERS OF COURTS UNDER ARBITRATION AND CONCILIATION ACT. (3) IT SHALL COME INTO FORCE ON SUCH DATE AS THE CENTRAL GOVERNMENT MAY . I. INTERNATIONAL COMMERCIAL CONCILIATION . TAKING INTO ACCOUNT THE AFORESAID MODEL LAW AND RULES .16 . 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 . 1996.SHORT TITLE . 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.

OR 4) THE GOVERNMENT OF A FOREIGN COUNTRY . 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. ANY COUNTRY OTHER THAN INDIA. SECTIONS 41 AND 43 SHALL APPLY TO EVERY ARBITRATION UNDER ANY OTHER ENACTMENT FOR THE TIME BEING IN FORCE . THE PERSON ON WHOM THE ESTATE DEVOLVES ON THE DEATH OF THE PARTY SO ACTING . AS IF THE ARBITRATION WERE PURSUANT TO AN ARBITRATION AGREEMENT AND AS IF THAT OTHER 17 . AND INCLUDES ANY PERSON WHO INTERMEDDLES WITH THE ESTATE OF THE DECEASED . OR HABITUALLY RESIDENT IN. B) "ARBITRATION AGREEMENT" MEANS AN AGREEMENT REFERRED TO IN SECTION C) "ARBITRAL AWARD " INCLUDES AN INTERIM AWARD . 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 . BUT DOES NOT INCLUDE ANY CIVIL COURT OF A GRADE INFERIOR TO SUCH PRINCIPAL C IVIL COURT .A) "ARBITRATION " MEANS ANY ARBITRATION WHETHER OR NOT ADMINISTERED BY PERMANENT ARBITRAL INSTITUTION . HAVING JURISDICTION TO DECIDE THE QUESTIONS FORMING THE SUBJECT -MATTER OF THE ARBITRATION IF THE SAME HAD BEEN THE SUBJECT-MATTER OF A SUIT . WHERE A PARTY ACTS IN A REPRESENTATIVE CHARACTER . (H) "PARTY " MEANS A PARTY TO AN ARBITRATION AGREEMENT. "COURT" MEANS THE PRINCIPAL C IVIL COURT OF ORIGINAL JURISDICTION IN A DISTRICT. (2) THIS PART SHALL APPLY WHERE THE PLACE OF ARBITRATION IS IN INDIA. F) "INTERNATIONAL COMMERCIAL ARBITRATION " MEANS AN ARBITRATION RELATING TO DISPUTES ARISING OUT OF LEGAL RELATIONSHIPS . OR ANY COURT OF SMALL CAUSES. E) 7. (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 . WHETHER CONTRACTUAL OR NOT . OR 2) A BODY CORPORATE WHICH IS INCORPORATED IN ANY COUNTRY OTHER THAN INDIA. (G) "LEGAL REPRESENTATIVE " MEANS A PERSON WHO IN LAW REPRESENTS THE ESTATE OF A DECEASED PERSON. AND INCLUDES THE H IGH COURT IN EXERCISE OF ITS ORDINARY ORIGINAL CIVIL JURISDICTION . D) "ARBITRAL TRIBUNAL " MEANS A SOLE ARBITRATOR OR A PANEL OF ARBITRATORS . AND. (4) THIS PART EXCEPT SUB -SECTION (1) OF SECTION 40.

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.ENACTMENT WERE AN ARBITRATION AGREEMENT . (2) A PLEA THAT THE ARBITRAL TRIBUNAL DOES NOT HAVE JURISDICTION SHALL BE RAISED NOT LATER THAN THE SUBMISSION OF THE STATEMENT OF DEFENCE. ADMINISTRATIVE ASSISTANCE (1) IN ORDER TO FACILITATE THE CONDUCT OF THE ARBITRAL PROCEEDINGS .(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. ORDER A PARTY TO TAKE ANY INTERIM MEASURE OF PROTECTION AS THE 18 . OR THE ARBITRAL TRIBUNAL WITH THE CONSENT OF THE PARTIES . A PARTY SHALL NOT BE PRECLUDED FROM RAISING SUCH A PLEA MERELY BECAUSE THAT HE HAS APPOINTED . THE PARTIES. (4) THE ARBITRAL TRIBUNAL MAY.INTERIM MEASURES ORDERED BY ARBITRAL TRIBUNAL . IN EITHER OF THE CASES REFERRED TO IN SUB-SECTION (2) OR SUB -SECTION (3). 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 . IN MATTERS GOVERNED BY THIS P ART. OR PARTICIPATED IN THE APPOINTMENT OF . AT THE REQUEST OF A PARTY.-(1) UNLESS OTHERWISE AGREED BY THE PARTIES . NO JUDICIAL AUTHORITY SHALL INTERVENE EXCEPT WHERE SO PROVIDED IN THIS P ART. HOWEVER .NOTWITHSTANDING ANYTHING CONTAINED IN ANY OTHER LAW FOR THE TIME BEING IN FORCE. AN ARBITRATOR . WHERE THE ARBITRAL TRIBUNAL TAKES A DECISION REJECTING THE PLEA. 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. 17. CONTINUE WITH THE ARBITRAL PROCEEDINGS AND MAKE AN ARBITRAL AWARD . (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 . THE ARBITRAL TRIBUNAL MAY.

CONDUCT OF ARBITRAL PROCEEDINGS 18. (3) NOTWITHSTANDING SUB -SECTION (1) OR SUB-SECTION (2). 19 . SUBJECT TO THIS P ART. (2) FAILING ANY AGREEMENT REFERRED TO IN SUB -SECTION (1). CONDUCT THE PROCEEDINGS IN THE MANNER IT CONSIDERS APPROPRIATE. THE ARBITRAL TRIBUNAL MAY.DETERMINATION OF RULES OF PROCEDURE .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. (4) THE POWER OF THE ARBITRAL TRIBUNAL UNDER SUB-SECTION (3) INCLUDES THE POWER TO DETERMINE THE ADMISSIBILITY . (3) FAILING ANY AGREEMENT REFERRED TO IN SUB -SECTION (2). MATERIALITY AND WEIGHT OF ANY EVIDENCE .(1) THE ARBITRAL TRIBUNAL SHALL NOT BE BOUND BY THE CODE OF C IVIL PROCEDURE. 1908 OR THE INDIAN EVIDENCE ACT. FOR HEARING WINNERS . RELEVANCE. EXPERTS OR THE PARTIES. THE PLACE OF ARBITRATION SHALL BE DETERMINED BY THE ARBITRAL TRIBUNAL HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE . PLACE OF ARBITRATION (1) THE PARTIES ARE FREE TO AGREE ON THE PLACE OF ARBITRATION . THE ARBITRAL PROCEEDINGS. (2) SUBJECT TO THIS PART. COMMENCEMENT OF ARBITRAL PROCEEDINGS UNLESS OTHERWISE AGREED BY THE PARTIES . MEET AT ANY PLACE IT CONSIDERS APPROPRIATE FOR CONSULTATION AMONG ITS MEMBERS . 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 . 1872. INCLUDING THE CONVENIENCE OF THE PARTIES .ARBITRAL TRIBUNAL MAY CONSIDER NECESSARY IN RESPECT OF THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRAL TRIBUNAL MAY. UNLESS OTHERWISE AGREED BY THE PARTIES . THE PARTIES ARE FREE TO AGREE ON THE PROCEDURE TO BE FOLLOWED BY THE ARBITRAL TRIBUNAL IN CONDUCTING ITS PROCEEDINGS . GOODS OR OTHER PROPERTY . OR FOR INSPECTION OF DOCUMENTS .(2) SECURITY THE ARBITRAL TRIBUNAL MAY REQUIRE A PARTY TO PROVIDE APPROPRIATE IN CONNECTION WITH A MEASURE ORDERED UNDER SUB -SECTION (1).

(3) UNLESS OTHERWISE AGREED BY THE PARTIES . UNLESS THE PARTIES HAVE OTHERWISE AGREED AS TO ELEMENTS OF THOSE STATEMENTS . 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 . ANY HEARING AND ANY ARBITRAL AWARD . THE ARBITRAL TRIBUNAL SHALL DETERMINE THE LANGUAGE OR LANGUAGES TO BE USED IN THE ARBITRAL PROCEEDINGS . GOODS OR OTHER PROPERTY . OR WHETHER THE PROCEEDINGS SHALL BE CONDUCTED ON THE BASIS OF DOCUMENTS AN OTHER MATERIALS . (3) THE AGREEMENT OR DETERMINATION. AT AN APPROPRIATE STAGE OF THE PROCEEDINGS . HEARINGS AND WRITTEN PROCEEDINGS (1) UNLESS OTHERWISE AGREED BY THE PARTIES . STATEMENTS OF CLAIM AND DEFENCE (1) W ITHIN THE PERIOD OF TIME AGREED UPON BY THE PARTIES OR DETERMINED BY THE ARBITRAL TRIBUNAL. UNLESS THE ARBITRAL TRIBUNAL CONSIDERS IT INAPPROPRIATE TO ALLOW THE AMENDMENT OR SUPPLEMENT HAVING REGARD TO THE DELAY IN MAKING IT . (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. (2) FAILING ANY AGREEMENT REFERRED TO IN SUB-SECTION (1). PROVIDED THAT THE ARBITRAL TRIBUNAL SHALL HOLD HEARINGS . UNLESS OTHERWISE SPECIFIED. EITHER PARTY MAY AMEND OR SUPPLEMENT HIS CLAIM OR DEFENCE DURING THE COURSE OF THE ARBITRAL PROCEEDINGS. THE CLAIMANT SHALL STATE THE FACTS SUPPORTING HIS CLAIM . DECISION OR OTHER COMMUNICATION BY THE ARBITRAL TRIBUNAL . AND THE RESPONDENT SHALL STATE HIS DEFENCE IN RESPECT OF THESE PARTICULARS . THE ARBITRAL TRIBUNAL SHALL DECIDE WHETHER TO HOLD ORAL HEARINGS FOR THE PRESENTATION OF EVIDENCE OR FOR ORAL ARGUMENT. 20 .LANGUAGE (1) THE PARTIES ARE FREE TO AGREE UPON THE LANGUAGE OR LANGUAGES TO IS USED IN THE ARBITRAL PROCEEDINGS . ON A REQUEST BY A PARTY. SHALL APPLY TO ANY WRITTEN STATEMENT BY A PARTY .(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 . THE POINTS AT ISSUE AND THE RELIEF OR REMEDY SOUGHT.

GOODS OR OTHER PROPERTY FOR HIS INSPECTION . WITHOUT SHOWING SUFFICIENT CAUSE. A PARTY FAILS TO APPEAR AT AN ORAL HEARING OR TO PRODUCE DOCUMENTARY EVIDENCE. IF A PARTY SO REQUESTS OR IF THE ARBITRAL TRIBUNAL CONSIDERS IT NECESSARY . DOCUMENTS OR OTHER INFORMATION SUPPLIED TO. THE RESPONDENT FAILS TO COMMUNICATE HIS STATEMENT OF DEFENCE IN ACCORDANCE WITH SUB -SECTION (1) OF SECTION 23. (2) UNLESS OTHERWISE AGREED BY THE PARTIES .SECTION (1) OF SECTION 23. AND(B) REQUIRE A PARTY TO GIVE THE EXPERT ANY RELEVANT INFORMATION OR TO PRODUCE . MAKE AVAILABLE TO THAT PARTY FOR EXAMINATION ALL DOCUMENTS . OR TO PROVIDE ACCESS TO . THE EXPERT SHALL .(3) ALL STATEMENTS . 21 . OR APPLICATIONS MADE TO . THE ARBITRAL TRIBUNAL SHALL CONTINUE THE PROCEEDINGS WITHOUT TREATING THAT FAILURE IN ITSELF AS AN ADMISSION OF THE ALLEGATIONS BY THE CLAIMANT. THE ARBITRAL TRIBUNAL BY ONE PARTY SHALL BE COMMUNICATED TO THE OTHER PARTY. WHERE. 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. DEFAULT OF A PARTY. AFTER DELIVERY OF HIS WRITTEN OR ORAL REPORT. B. 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 .UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRAL TRIBUNAL MAY CONTINUE THE PROCEEDINGS AND MAKE THE ARBITRAL AWARD ON THE EVIDENCE BEFORE IT . ANY RELEVANT DOCUMENTS . THE EXPERT SHALL . THE CLAIMANT FAILS TO COMMUNICATE HIS STATEMENT OF CLAIM IN ACCORDANCE WITH SUB . GOODS OR OTHER PROPERTY IN THE POSSESSION OF THE EXPERT WITH WHICH HE WAS PROVIDED IN ORDER TO PREPARE HIS REPORT. THE ARBITRAL TRIBUNAL SHALL TERMINATE THE PROCEEDINGS . ON THE REQUEST OF A PARTY. (3) UNLESS OTHERWISE AGREED BY THE PARTIES . C.----A. AND ANY EXPERT REPORT OR EVIDENTIARY DOCUMENT ON WHICH THE ARBITRAL TRIBUNAL MAY RELY IN MAKING ITS DECISION SHALL BE COMMUNICATED TO THE PARTIES .

(C) THE EVIDENCE TO THE OBTAINED.II.COURT ASSISTANCE IN TAKING EVIDENCE (1) THE ARBITRAL TRIBUNAL. OR A PARTY WITH THE APPROVAL OF THE ARBITRAL TRIBUNAL.(2) THE APPLICATION SHALL SPECIFY ---(A) THE NAMES AND ADDRESSES OF THE PARTIES AND THE ARBITRATORS . (3) THE COURT MAY.----(A) IN AN ARBITRATION OTHER THAN AN INTERNATIONAL COMMERCIAL ARBITRATION . (B) IN INTERNATIONAL COMMERCIAL ARBITRATION. EXECUTE THE REQUEST OR ORDERING THAT THE EVIDENCE BE PROVIDED DIRECTLY TO THE ARBITRAL TRIBUNAL. (4) THE COURT MAY.(1) WHERE THE PLACE OF ARBITRATION IS SITUATE IN INDIA.---I. WITHIN ITS COMPETENCE AND ACCORDING TO ITS RULES ON TAKING EVIDENCE . 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 . THE DESCRIPTION OF AN DOCUMENT TO BE PRODUCED OR PROPERTY TO BE INSPECTED . 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 . (B) THE GENERAL NATURE OF THE CLAIM AND THE RELIEF SOUGHT. WHILE MAKING OR ORDER UNDER SUB -SECTION (3).---I. 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 . (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 . UNLESS OTHERWISE EXPRESSED . THE ARBIT RALTRIBUNAL SHALL APPLY THE RULES OF LAW IT CONSIDERS TO BE APPROPRIATE GIVEN ALL THE CIRCUMSTANCES SURROUNDING THE DISPUTE . 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 . IN PARTICULAR . MAY APPLY TO THE COURT FOR ASSISTANCE IN TAKING EVIDENCE . 22 . THE ARBITRAL TRIBUNAL SHALL DECIDE THE DISPUTE SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE SUBSTANTIVE LAW FOR THE TIME BEING IN FORCE IN INDIA.

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. QUESTIONS OF PROCEDURE MAY BE DECIDED BY THE PRESIDING ARBITRATOR . IF REQUESTED BY THE PARTIES AND NOT OBJECTED TO BY THE ARBITRAL TRIBUNAL . (3) THE ARBITRAL AWARD SHALL STATE THE REASONS UPON WHICH IT IS BASED. THE ARBITRAL TRIBUNAL SHALL TERMINATE THE PROCEEDINGS AND. 23 . DURING ARBITRAL PROCEEDINGS. RECORD THE SETTLEMENT IN THE FORM OF AN ARBITRAL AWARD ON AGREED TERMS . IF AUTHORISED BY THE PARTIES OR ALL THE MEMBERS OF THE ARBITRAL TRIBUNAL . ANY DECISION OF THE ARBITRAL TRIBUNAL SHALL BE MADE BY A MAJORITY OF ALL ITS MEMBERS . DECISION MAKING BY PANEL OF ARBITRATORS (1) UNLESS OTHERWISE AGREED BY THE PARTIES . (2) FOR THE PURPOSES OF SUB -SECTION (1). 3) AN ARBITRAL AWARD ON AGREED TERMS SHALL BE MADE IN ACCORDANCE WITH SECTION 31 AND SHALL STATE THAT IT IS AN ARBITRAL AWARD . SETTLEMENT.1) IT IS NOT INCOMPATIBLE WITH AN ARBITRATION AGREEMENT FOR AN ARBITRAL TRIBUNAL TO ENCOURAGE SETTLEMENT OF THE DISPUTE AND . OR(B) THE AWARD IS AN ARBITRAL AWARD ON AGREED TERMS UNDER SECTION 30. 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 .(3) IN ALL CASES. 2) IF. UNLESS-----(A) THE PARTIES HAVE AGREED THAT NO REASONS ARE TO BE GIVEN. (2) NOTWITHSTANDING SUB -SECTION (1). THE ARBITRAL TRIBUNAL MAY USE MEDIATION . IN ARBITRAL PROCEEDINGS WITH MORE THAN ONE ARBITRATOR . CONCILIATION OR OTHER PROCEDURES AT ANY TIME DURING THE ARBITRAL PROCEEDINGS TO ENCOURAGE SETTLEMENT.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 . IN ARBITRAL PROCEEDINGS WITH MORE THAN ONE ARBITRATOR . WITH THE AGREEMENT OF THE PARTIES . THE PARTIES SETTLE THE DISPUTE.

(B) A SUM DIRECTED TO BE PAID BY AN ARBITRAL AWARD SHALL. UNLESS THE AWARD OTHER WISE DIRECTS . EXPLANATION . THE PARTY ENTITLED TO COSTS . (7) (A) UNLESS OTHERWISE AGREED BY THE PARTIES . THE MANNE R IN WHICH THE COSTS SHALL BE PAID. 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. AND (IV) ANY OTHER EXPENSES INCURRED IN CONNECTION WITH THE ARBITRAL PROCEEDINGS AND THE ARBITRAL AWARD . (5) AFTER THE ARBITRAL AWARD IS MADE. "COSTS " MEANS REASONABLE COSTS RELATING TO--(I) THE FEES AND EXPENSES OF THE ARBITRATORS AND WITNESSES.---(A) THE COSTS OF AN ARBITRATION SHALL BE FIXED BY THE ARBITRAL TRIBUNAL. (III) ANY ADMINISTRATION FEES OF THE INSTITUTION SUPERVISING THE ARBITRATION . 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 . (II) LEGAL FEES AND EXPENSES.(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. ON THE WHOLE OR ANY PART OF THE MONEY. A SIGNED COPY SHALL BE DELIVERED TO EACH PARTY. (6) THE ARBITRAL TRIBUNAL MAY. ANDIV .--FOR THE PURPOSE OF CLAUSE (A). 24 . THE PARTY WHO SHALL PAY THE COSTS . 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 . II. THE AMOUNT OF COSTS OR METHOD OF DETERMINING THAT AMOUNT. AT SUCH RATE AS IT DEEMS REASONABLE . III. 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) THE ARBITRAL TRIBUNAL SHALL SPECIFY --I.

N. CHAKRABORTY ESTIMATING AND COSTING IN CIVIL ENGINEERING BY B. ROSHAN NAMAVATI VALUATION ENGINEERING BY M.BIBLIOGRAPHY PROFESSIONAL PRACTICE BY DR. DUTTA LAWS OF SURVEYOR BY NICMAR PUBLICATIONS 25 .