Anatomy of Construction Claims

5 Pages Posted: 25 Apr 2019

See all articles by Yogesh Patil

Yogesh Patil

Sardar Patel College of Engineering

Vandana Bhatt

Indian Institute of Technology (IIT), Bombay - IIT BOMBAY

A. R. Kambekar

SPCE

Date Written: February 22, 2019

Abstract

Construction is the backbone of society. Construction as commercial activity channelized through contract document. This document is a combination of obligations of the parties to a contract. It is a document which is interpreted in terms of law and trade practice. In execution of the contract, it is so common that parties have different interpretation and expectation of contract. It is this difference which gives rise to claims and cause for defence against the claims. The effect of claim is to create tension in relationship of the parties and ultimately the progress of work suffers.

To solve such difficulties the Resolution Mechanism comes into picture , there are two important aspects viz. constitution of dispute resolution tribunal and the related law. The dispute resolution tribunal is used usually Negotiation, Conciliation, Dispute Resolution Board and Arbitration. Failing all this the matter is reported to law. Various types of claims include Delay damages, Differing site condition, Acceleration and Change of scope claims. All these claims have various facets. It is important to know the anatomy of all these claims as to how they arise and what is necessary to resolve it.

Keywords: Contract, Claim, Arbitration

Suggested Citation

Patil, Yogesh and Bhatt, Vandana and Kambekar, A. R., Anatomy of Construction Claims (February 22, 2019). Proceedings of Sustainable Infrastructure Development & Management (SIDM) 2019, Available at SSRN: https://ssrn.com/abstract=3376142 or http://dx.doi.org/10.2139/ssrn.3376142

Yogesh Patil (Contact Author)

Sardar Patel College of Engineering ( email )

Andheri
Mumbai, MS 400077
India

Vandana Bhatt

Indian Institute of Technology (IIT), Bombay - IIT BOMBAY ( email )

MUMBAI, Maharashtra 400076
India

A. R. Kambekar

SPCE ( email )

MUMBAI
MUMBAI
MUMBAI, 400058
India

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