Dispute Resolution in an ROB Infrastructure Project (D)

Abstract

The construction contract of a four laned Road Over Bridge (ROB) on the Mangalapuram and Udyognagar link was awarded to a contractor by the PWD (Government). The construction began in August 1999 with an expected completion in September 2001. However, due to a variety of causes, the process was delayed and the construction ended in January 2002, a four months delay. The contractor claimed for compensation from the Government based on the contractual clauses. The claims were related to late hand over of project land, late action by Railways, external causes, high court intervention and toll collection. The set of Cases (A - D) focus on the legal dispute between the Government and the contractor. Case A provides the background of the project and the dispute and seeks arguments to be made by the contractor. Case B provides the actual arguments made by the contractor and seeks counter arguments to be made by the Government. Case provides the arguments made by the Government and seeks the decision from the arbitration panel. Case D provides the arbitration panel’s decision on the dispute.