Claim No. 2.

Contactor claims 15% on

account of overhead and
eement iterms or due to less
agreer
profit non- execution of
execution of the agreement items due to
ontract
contra unilaterally by the respondent, prolongation of
n-2vailability
non-a
of funds with non-availability
the respondent, breach of
of funds with the respondent,
contract of the parts of
respondent, ninarance on the
part of respondent, scope of work not define
by
wosnondent, non-issue of Architectural and
Structural drawings
of balance items
etc
Amount: Rs. 27,60,904/

Reply
Claim is bogus, without any
documentary proof, is fabricated and wrong.
i. Work is abandoned by claimant without any default on part of
department. Several letters are written to claimant by Executive Engineer
Electrical) and Executive Engineer (Civil) regarding executing the
remaining portion of work but claimant did not take up any work. Vide
various letters claimant was informed that there is no shortage of funds
for this work.

if. The proportionate amount of Performance Guarantee 88% was released

to claimant as per central government directions of Covid-19 for
increasing the liquidity with contractor but still claimant did not resume
the work.

ii. Show cause notice was served to claimant under Clause 3(a) and (b) of
the contract for abandoning and suspension of work but claimant could
not give any valid reason. Even after claimant was immediately requested
for resuming the work but still the claimant did not start the work. Finally
vide Executive Engineer & SM, MPD-I letter No. 09 dated 07.01.2021
w r r a n dkomwine
iv. Therefore there is no fault on the part of the department in prolongation
of the contract. There is no hindrance at site. Therefore the reason for
non-execution of full quantity of the agreement items is because the
claimant has wilfully abandoned and repudiated the work. Had the
claimant considered the requests of the department for taking up the
in full
work and completing it then he would have completed all the items
and payment would have been made to him as per the
quantity
agreement.

available with the is evident from various

department which
v. Funds were
claimant that
letters written by the concerned Executive Engineers to the

13
 GOVERNMENT OF INDIA
CPWD
CENTRAL PUBLIC WORKS
DEPARTMENT
Ofice of Executive Engineer & Senior Manager
Mahendergarh Project Division-I
qTot, HTG, (ERATT) C.P.W.D., Central University of Haryana Campus
123031
-

Village: Jant-Pali, Mahendergarh (Haryana)- 123031

: cuhm.cpwd@gmail.com
E-Mail-cuhm.cpwd@gmail.com
File No.54
(66)/BE&SM/MPD-1/2021/09 Dated: --

M/s Satish Builders

11/390, Sunder Vihar,
Outer Ring Road,
Delhi-110087

Name of work: C/o Central University of Haryana at village Jant-Pali, Mahendergarh

(Hr.) (SH: I: Civil & Electrical Development Works for Helipad Area,
Residential Area &Wi-Fi Areas Parks, SH II:
Patrolling Footpath arouna
V.C. Residence, and SH IIl: External Lighting arrangements for
Administrative Block)
Agreement No.: 01/EE/MPD-1/2018-19

Sub.: Notice on final action under clause 3 of the agreement.

Ref. 1. This office letter even no. 405 dated 30.12.2020 & earlier letters.
2. Your letter No. SB/MG/N/555 dated 02.01.2021.
Dear Sir(s),.
Whereas under Clause 3 of the aforesaid agreement the Engineer-in-Charge shall have
powers to take action under Clause 3 in the event of suspension in the execution of the
aforesaid work by the contractor so that in the opinion of the Engineer-in-Charge
(which shall be final and binding) the contractor has already failed to complete the
work by the extended date of completion and whereas you have suspended the
execution of the aforesaid work and as per the opinion of the undersigned, the
Engineer-in-Charge (which is final and binding), you have already failed to complete the
work by the extended date of completion and, whereas you were served with show
cause in this regard under this office no. 405 dated 30.12.2020 but your reply vide letter
no. SB/MG/N/555 dated 02.01.2021 received by e-mail in response to show cause has
been considered carefully but not found to the satisfaction of the Engineer-in-Charge,
the few reasons for the same are as explained below:

1. You have stopped execution of the subject work and abandoned the work site
since January 2019. You were paid the 6th RA. bill of Civil work for gross amount
of Rs. 36.64 lacs on dated 16.11.2018 but instead of continuing the work further,
you have abandoned and repudiated the work vide your letter No. SB/81/N
dated 18.01.2019 citing bogus and wrong reasons and refused to resume the
 work even after various requests of the department
Electrical side. from both C
2. Your running bills for verified measurements of work do
done
were paid immediately and there had never been

RA bills.
The funds and hindrances free site for the work were alwavs.
any delay in domipaymentt ed y
3.
was never any other pending decision from
department
sidee hich available
from the various letters written to you right from the beginning
after your letter of repudiation of work. which
of v is ei
It is also a fact that you have not acted as per work
ork and
4.
your letter No. SB/MG/12 dated 01.06.2018.
programme
nme subnitted y
5. The content of your reply No. SB/MG/N555 dated
considered as satisfactory reply to the notice issued 02.01.2021
2021 are false
to you. false tthus
The materials, T&P and machinery
brought at site is not at disn.
department and you need to optimize their
requirement. The department had never asked you to deployment osal of as per wo
retain
machinery at site beyond work requirements. Accordingly,
lant &
you had re Plan
wott
your materials, T&P and machinery remo
well before repudiating the workVeda
Therefore under powers delegated under sub-clause 3(a) &
to me
Engineer& Senior Manager, MPD-I the Engineer-in-Charge for the aforesaid 3(b), I. F
the aforesaid agreement, for and on behalf of the
President of India, hereby
warlve
der
Determine the contract as aforesaid upon which
determination your Serr
deposit already recovered and full amount of Performance Guarantee
amount released as Covid-19 Relaxation which shall have (inchdiding
to be make
you) stand absolutely forfeited to the Government and shall be g0od by
disposal of Government, and absolutely atthe
Take out such part of the work out of your
hand, as remains unexecuted, for
giving it to another contractor to
complete the work, and you shall have no claim
to compensation for any loss sustained
by you by reasons of your
purchased or procured any materials or entered into any engagements orhavinmade
any advances on account of or with a view to the execution of the work or
the
performance of the contract. You are also hereby served with notice to the effect
that the work executed by you will be measured up on 28.01.2021 for which
you
are asked to attend for joint measurement failing which the work will be
measured by the department unilaterally in your absence and result of
measurement will be final and will be binding on you.
(i) You shall not be allowed to participate in the tendering process for the balance
work.

This is without prejudice to Government's right to take action under any other clauses
or sub-clauses of the agreement and to realize Government dues and losses and
damages whatsoever under such clauses or sub-clauses.

Yours faithfully

EE&Senior Manager,
For and on behalf of the President of India
MPD-I, CPWD,
Mahendergarh (Hr)
A
N.O.0
Copy to:
SE &PD, CUHPC, CPWD, Mahendergarh (Hr.) for
AE-IV, MPD-I, CPWD, information.
2.
accordingly.
Mahendergarh (Hr.) for information and necessary action

EE&Senior Manager