A Legal Analysis of Some Clausal-Related Disputes in Construction Contracts

The contractor under a construction contract is invariably required to carry out and complete the project by a specified date. This requirement is often accompanied by an obligation to produce a construction programme and to keep it up to date. There may be a contract administrator with powers to approve the programme. This paper identifies matters in relation to these obligations over which the parties can be in dispute and examines the legal principles governing their resolution. The matters include the contractor’s choice of type of programming method, consequences of the contractor’s failure to comply with its programming obligations, the contractor’s right to complete earlier than required and delay from concurrent causes. The paper is based on review of relevant operation of the time management provisions in the FIDIC and WB Standard Contract Forms.

Dr C.S.Suryawanshi, Former Chief Engineer & Joint Secretary (P.W.D) Senior Consultant Mumbai.

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