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1.Disputed Delay

An entertainment company awarded a contract for building a multiplex theatre in Gujarat to a contractor. The contract value of the project, comprising a main building and utility building, was Rs 435 lakh. The work, which began in September 2001, was to be completed in April 2002. However, it was completed only in October 2002.

2.Mending Fences

Aradhana Bhansali, Partner-Rajani, Singhania and Partners gives us an insight into dispute resolution in FIDIC-based PPP contracts.A JV operated through the partnership of government and private sector to carry out public service or a public project

3.Damage Control

A computer hardware and software supplier entered into an agreement with an electrical contractor to provide electrical works and for supply and installation of DG (diesel-generator) sets at its new office premises in Haryana.

4.Building Discord

A nationalised bank entered into an agreement with a contractor to construct a building for staff quarters in a Mumbai suburb in April 2001.

5.Row over Rehabilitation

A contract for the construction of residential tenements for project-affected households (PAHs) of a railway project was awarded to a contractor by a government agency.

6.Vital Verdict

Janaki Krishnamoorthi presents the concluding case study in a 20-part series, and a summary on the effectiveness of arbitration.

7.The Road to Resolution

A government agency entered into a contract with a private construction company in December 2000 to widen and strengthen the existing lanes and carriageway of a section of the National Highways in Eastern India.

8.Claim Game

NHAI is facing arbitration claims amounting to over Rs 11,084 crore in tribunals and courts. It claims that its liability is close to 30 per cent of the amount claimed by the contractors.

9.Min to set up dispute resolution committee

The Ministry of Road Transport and Highways will set up a committee headed by a retired High Court judge to implement the dispute resolution mechanism.The committee is intended to free up about Rs 11,000 crore of funds stuck in disputes between the NHAI and contractors.

10.Matter of jurisdiction

Beginning this month, CW will be examining legal issues related to the construction and infrastructure sector through recent case studies. In the first, AJAY THOMAS emphasises the need for Indian projects involving international parties to rightly decide on the place of arbitration.

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