Money By- Charu Shroff (M030) Sameer Siddique (M031) Shresth Suneja (M032) Earnest Money • Assurance or guarantee in form of cash • By the contractor to keep his offer open for consideration • Confirm his intentions to take up the accepted work as per terms and conditions in the tender • In case of failure, amount forfeited to government • No interest is payable to the contractors Earnest Money • If < Rs. 250/-, cash deposit in Divisional or Sub- divisional office • If > Rs. 250/-, deposit in Treasury/Bank • Or deposit in form of ‘Deposit at call Receipt’ of a scheduled bank duly guaranteed by RBI. • Works upto Rs. 5,00,000/- @ 2-1/2% of estimated cost as earnest money, max of Rs. 10,000/- • Works above Rs. 5,00,000/- @ 2% of estimated cost as earnest money, max of Rs. 20,000/- Return of earnest money • Except three lowest tenderes should be returned within a week from date of receipt of the tenders • Second and third lowest tenderes should be returned within 15 days od acceptance of tender, if offer is not considered • Earnest money of lowest tenderer whose tender is accepted is retained as security deposit for due performance of contract Security Deposit • Money that should be deposited by the contractor whose tender has been accepted • It renders himself liable to the department • If work is not carried out according to the specifications, time limit & condition of contract it pays for the compensation amounting part/whole of his security. • Earnest money deposited at the time of tender is treated as security money. Security Deposit • Additional money of security money is deducted from progressive bills. • Above 1 lakh (10% on 1st lakh & 7.5% on the balance) • Above 2 lakh (10% on 1st lakh, 7.5% on 2nd lakh & 5% on balance) • Subject to a max of 1 lakh only is deducted from the progressive bill. • Security deposit is refundable after prescribed maintenance period • In order to relief to the contractor a percentage (normally 50%) of the security money is refunded for Retention Money • When any claim for payment arises out of or under the contract against the contractor. • Engineer in-charge is entitled to withhold & also have lien to retain sum or sums in whole or in part from security deposit till finalization or adjustment of any such claim • If security deposit is insufficient to cover the claim, the engineer in-charge is entitled to withhold and have lien to retain from any sum or sums found payable to the contractor under the same contract or any other contract pending finalisation or adjustment of any such claim. Security Deposit Vs Retention Money
Kathleen Stoneking v. Bradford Area School District, Frederick Smith, in His Individual and Official Capacity as Principal of the Bradford Area High School Richard Miller, in His Individual and Official Capacity as Assistant Principal of the Bradford Area High School and Frederick Shuey, in His Individual and Official Capacity as Superintendent of the Bradford Area School District. Appeal of Frederick Smith, Richard Miller, and Frederick Shuey, 882 F.2d 720, 3rd Cir. (1989)