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...that the award does not violate Clauses (2) and (3) of the agreement making certain decisions of the Superintending Engineer/Engineer-in-charge final, nor Clause (10)(cc) of the agreement relating to...excepted matters in regard to which the decisions of the Superintending Engineer or the Engineer-in-charge had been made final and binding under Clauses (2) and (3) of the agreement...same has been accepted by the Engineer-in-charge. The contractor shall comply with the said time schedule. In the event of the contractor failing to comply with this condition, he shall be liable to...
...adjudicated were excluded and these were not arbitrable. It was submitted that clause 11 of the contract between the parties made on these matters the decision of the Engineer-in-charge final and...binding. Hence, inasmuch as the arbitrator has purported to act upon this field which was only to be decided by the Engineer-in-charge, the award was bad. The disputes over which the arbitrator has...provides as follows:“Clause 11. The Engineer-in-charge shall have the power to make any alteration in or additions to the original specifications drawings, designs, and...
...same has been accepted by the Engineer-in-charge, the contractor shall comply with the said time schedule. In the event of the contractor failing to comply with this condition, he shall be liable to...therefor and to determine the rate at which compensation should be charged from the contractor. If the Engineer-in-charge levies a compensation under clause 2, the contractor can apply to the...could only arise if there had been a determination and a dispute under clause 2. Clause 2 envisages that the Engineer-in-charge should, in appropriate cases, levy a compensation at the rate specified...
...lying with the Government or any become due owing to any dispute, difference or misunderstanding between the Engineer-in-Charge on the one hand and the contractor on the other hand or with respect to...any delay on the part of the Engineer-in-Charge in making periodical or final payment or any other respect whatsoever.”8. Sub-section (1) of Section 3 of the...;(ii) any money which may become due owing to any dispute, difference or misunderstanding between the Engineer-in-Charge on the one hand and the contractor on the other ha...
...contract, insofar as it is relevant, it was provided:“The Engineer-in-charge shall have power to make any alterations in, omissions from, additions to, or substitutions...or substituted work is not entered in the said schedule of rates, then the contractor shall within seven days of the date of his receipt of the order to carry out the work inform the Engineer-in-charge of...the rate which it is his intention to charge for such class of work, and if the Engineer-in charge does not agree to this rate he shall, by notice in writing, be at liberty to cancel his order to...
.... The learned Single Judge rejected the said contention and held that the arbitrator was determining only the value of the additional work at the rate of Rs 200 which had been agreed by the Engineer-in-charge and...with regard to the fixing of the rate by the Engineer-in-charge and the Superintending Engineer of the Circle comes into play only when the additional item of work does not form part of the main work...of the main work and the agreement provided the rate for the said item, there was no occasion for the Engineer-in-charge or the Superintending Engineer to fix the rate for the extra quantity of hard...
...contractor shall be bound to carry out the work, in accordance with any instructions which may be given to him in writing signed by the Engineer-in-Charge, and such alteration shall not invalidate the...work carried out or expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such rate or rates as shall be fixed by the Engineer-in-Charge. In the event...provision dealing with the power of the Engineer-in-Charge to make any alterations or additions to the original specifications, drawings, designs and instructions. It, inter alia, provides that if for...
...contention it is necessary to set out Clause 11 in its entirety. It reads as follows:“Clause 11:The Engineer-in-Charge shall..., and the contractor shall be bound to carry out the work, in accordance with any instructions which may be given to him in writing signed by the Engineer-in-Charge, and such alteration shall not...that the additional work bears to the original contract work and the certificate of the Engineer-in-Charge shall be conclusive as to such proportion and if the additional work includes any class of...
.... The respondent intimated by notice in writing, as required by clause 14, the rate for carrying out the work. The Engineer-in-charge did not exercise his liberty to cancel the order, or give the...notice. The appellant contended that in view of clause 14 of the contract, the respondent was entitled only to the rate as fixed by the Engineer-in-charge.9. So, the question...provides:“Alterations in specifications and designs not to invalidate contracts.— The Engineer-in-charge shall have power to make any alterations in, or additions to...
...:- i) That in the first instance before referring the matter to arbitration, it shall be referred by the contractor for being settled by the Engineer-in- Incharge of the work at the time of such referen...final and binding upon the contractor except where he moves the Engineer-in-Charge in writing for reference of such a claim or dispute to arbitration...within a period of 60 days of receipt of the decision of the Engineer-in-Charge in writing. In case the contractor fails to make a written request within the stipulated period, the decision so...
...being settled by the Executive Engineer in charge of the work at the time and he shall within a period of sixty days after being requested in writing by the contractor to do so, convey his decision to the...progress, the contractor will proceed with the execution of the work on the receipt of the decision of the Executive Engineer-in-charge as aforesaid, with all due diligence whether he or Vice-Chancellor..., M.D.U, Rohtak requires arbitration as hereinafter provided or not. If the Executive Engineer in charge of the work has conveyed his decision to the contractor and no claim to arbitration has been...
...Executive Engineer, who was in charge of the project, made certain additions, alterations and variations in respect of certain items of work and directed the appellant to carry out additional and altered work...of the work then approved and passed by the engineer-in-charge whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. All such...intermediate payments, shall be regarded as payments by way of advance against the final payments only and not as payments for work actually done and completed and shall not preclude the engineer-in-charge from...
...contracts generally contained a clause to the following effect:“(11) The Engineer-in-charge shall have power to make any alterations in or additions to the original...with any instructions which may be given to him in writing signed by the Engineer-in-charge, and such alteration shall not invalidate the contract; and any additional work which the contractor may be...original contract work and the certificate of the Engineer-in-charge shall be conclusive as to such proportion. And if the additional work includes any class of work, for which no rate is specified in this...
...reads thus:“10. The Engineer-in-Charge shall have power to make any alterations in or additions to the original specifications, drawings, designs and instructions that...signed by the Engineer-in-Charge and such alterations shall not invalidate the contract, and any additional work which the contractor may be directed to do in the manner above specified as part of the...time for the completion of the work shall be extended in the proportion that the additional work bears to the original contract work and the certificate of the Engineer-in-Charge shall be conclusive as...
...due to the petitioner as on 9.12.2003 in respect of which claim was lodged with the Engineer-in-Charge on 8.9.2005 A notice dated 28.3.2006 (Annexure P.18) was also served upon the Executive Engineer...Arbitrator under Clause 25 of the agreement dated 13.5.1999 by addressing a communication to the Engineer-in-Charge, but no reply thereof was received. A notice was also sent on 7.7.2006 Subsequently, on...18.12.2006, another communication was addressed to the Superintending Engineer-in-Charge of the respondent seeking reference to Arbitration in terms of Clause 25 of the agreement, but since the dispute was...
...Prashant Kumar, J.:— This application has been filed for quashing the letter no. 1471 dated 3/4.06.2015 issued by the respondent no. 3, Engineer-in-charge, Kathara Colliery, whereby and...bulk price de-escalation, deduction from running account bills are to be made as per the Clause-37 of G.T.C After receiving the said letter, petitioner filed its representation before the Engineer In-charge as...per Clause-12 of the G.T.C The aforesaid representation of the petitioner disposed of by the Engineer In-charge vide letter no. 1471 dated 3/4.06.2015. Against that, the present writ...
...specifically bars any claim for damages. The said clause is extracted below:“In the event of delay by the Engineer-in-charge to hand over to the contractor possession...compensation thereof but in all such cases the Engineer-in-charge may grant such extension or extensions of the completion date as may be deemed fair and reasonable by the Engineer-in-...the contract provided for settlement of disputes by arbitration. Certain disputes arose between the parties in regard to the said contract and they were referred to a sole arbitrator on 31-12-1986...
...of such recorded measurements on the format of the Department in triplicate on or before the date of every month fixed for the same by the Engineer-in-Charge. The contractor shall not be entitled to be...Schedule ‘F’, in which case the interim bill shall be prepared on the appointed date of the month after the requisite progress is achieved. Engineer-in-Charge shall arrange to have the bill verified...by taking or causing to be taken, where necessary, the requisite measurements of the work. In the event of the failure of the contractor to submit the bills, Engineer-in-Charge shall prepare or cause...
...provided for payment of items of work, which were not covered by the agreement, but which the Engineer-in-Charge might require the contractor to execute. Clause 12 in both the contracts is verbatim.... The same is reproduced below for ready reference:-“CLAUSE 12.-The Engineer-in-Charge shall have power to make any alterations in, omissions from additions to or substitutions for, the...instructions which may be given to him in writing signed by the Engineer-in-charge, and such alterations, omissions, additions, or substitutions shall not invalidate the contract and any altered...
...Principal Secretary to Govt. of Haryana School Education Department after the contractor furnishes to the satisfaction of the Executive Engineer-in-Charge of the work, a security deposit of a sum determined...contractor furnishes to the satisfaction of the Executive Engineer-in-Charge of the work security deposit of a sum determined in accordance with the above table. The petitioner has not admittedly to...the petitioner's case that the amount had to be determined by the Executive Engineer.7. The satisfaction of the Executive Engineer-in-Charge of the work pertains to the nature of the...