By P C MARKANDA

The law governing building contracts has become increasingly important, complex and specialized for the reasons such as economic conditions; growing modernization in the execution of major projects; and, loosely worded contract conditions.For the last more than 7½ years, inasmuch as law has made rapid strides in this field. There has been a catena of decisions from various Courts, including the Apex Court, whereby emphasis has been laid on strict implementation of conditions of contract and the Courts have favoured a hands-off approach in matters relating to the development of the nation.

In good old days, a contractor would accept whatever the engineer decided to give. The recipient was, by and large, happy because the approach of the engineer was invariably positive. With the passage of time, the bureaucrats over-shadowed and the powers of the engineers were curtailed. The net result was that bureaucrats prevailed over technocrats. Obviously, the contractors, thereafter, did not get due justice leading to a spurt of cases of engineering arbitrations from mid-sixties onwards and has increased manifold since then.

Content and effect of contract documents continues to be under scrutiny from the stage of drafting to the stage of arbitration - each party to the contract interpreting the terms of the contract to its own advantage. Judicial pronouncements on such clauses are many, important ones have been incorporated in appropriate chapters.

Published Year: 2007 Format: n/a ISBN: INIP5 Publisher: Lexis Nexis Butterworths Wadhwa Nagpur No of Pages: 2100 Our Price: India. Rs. 1,695.00 Reviews: 0 reivew(s).

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