NO CLASUE
In the Open Standard
Shahzad MunawarMember for 23 years 3 months
- Created
- 2
- 3
0
If there exist no clause in Contract regarding payment of material advance and Engineer redndered his decision in favour of Contractor under Clause (Engineer’s decision) but Employer refused to pay in absence of any Clause then for this claim what should be the best remedy:
Whether we opt arbitration or law suit
Whether we opt arbitration or law suit
2 replies
Oldest first- 0Dinesh Kumar ·Hi there,
1. I presume this engineer you are refering to is the contract administrator.His certification is not final and binding and the client has the right to challenge it.
2.If there no clause in the contract allowing employer to pay for the material then you most likely have no claim so do not bring it further as it is just waste of money and time.
3.Regarding the arbitration or litigation,now a days all contracts has a arbitration clause.if that is in place you only can go for arbitration,except for order 14 cases.
Regards
Dinesh
- 0Anil Gupta ·I think Employer has full right to know and stall the payment if Engineer(Consultant)has approve material advance without any justification to contract document. Even if u follow law suit u r gonna loose as ur contract doesn’t specify anything regaring material advance payment.
Log in or join to reply
ProjectControls.com is free to join. Members can post questions, reply, vote and follow discussions.
Existing members: your original username and password still work. Forgot password?