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Forensic Claims Analysis

Statutory undertaker

In the Open Standard
Satish KumarMember for 16 years 8 months
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Hi,

 

The contractor was handed over the land to build the road for the govt. agency. Some utilities need to be shifted in which statutory undertakers (SU) were involved. As per the contract, the contractor needs to pursue the matter with the SU for obtaining the necessary permits even though there was no direct contractual liability for the SU in the agreement between the govt agency and us. Now we are delayed due to the delay in obtaining permission.

What I want to know is:

1) Can the contractor directly address the statutory undertaker. Will such a communication stand legally valid and hold the undertaker responsible?

2) can I claim EOT, even though a part in the contract states that no compensation will be there for delays by authorities.

3) can the employer, in the contract pose such a condition of transferring the responsibilty of obtaining clearance on to the head of the poor contractor?

 

please HELP

Regards,

K. Satish Kumar

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2 replies

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  1. 0
    Mike Testro ·
    #1

    Hi SatishThe starting point

    Hi Satish

    The starting point is that the Contractor did not have to sign the contract.

    If the utilities had been on private land then the landowner would have to deal with the SU's

    The fact that it is the Government land makes no difference.

    I doubt if the SU's will deal directly with the contractor but you have to make contact to see if they will.

    If they will not deal with you then you may be in an impossible situation.

    Is the project in India?

    If so the India Contract Act 1872 deals with impossibilities in contracts which may be of benefit because it over rules unfair contract conditions.

    Please reply if you need any follow up.

    Best regards

    Mike Testro

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  2. 0
    Satish Kumar ·
    #2

    Thank you mike,I will get

    Thank you mike,

    I will get back after refering ICA 1872. Yes, the project is in India but funded by world bank (GCC based on FIDIC harmonised;). 

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