ARBITRATION CLAUSE IN BUILDING AGREEMENT
“In case any
dispute should arise between the owner
and the contractor, whether in respect
of daily in supply of materials
by the owner or delay in execution of work by the contractor, or the quality of
the materials so supplied or the quality of the work done or in respect of decorations or alterations suggested or made or extra work
required to be done and so executed or
not, or in respect or measurements or
work done or required
to be done, or demand and payment for part or whole of the work done or not
done or dealy or refusal in grant
of architect’s certificate by the Engineer or
its correctness or touching the interpretation,
fulfilment or breach of any of the
terms of these presents or in respect
of deductions to be made
or extra payments to be recovered for work
improperly done or not executed
or in respect of work got done through another contractor
for default or breach or
non-completion of work agreed to be done
under the particulars and for
assessment of the value thereof
and fixation of liability for the same
between the parties hereof or in
respect of any act or omission
arising out of the performance of non-performance or the obligations or duties pursuant
to these presents, the said dispute
or disputes shall be referred to the
arbitration and final
award of a single arbitrator if
the parties agree thereto in writing
(failing which to the arbitration of an arbitrator to be
appointed by the President of the Institute of Engineers ) (or failing which to the arbitration of the
municipal or corporation
engineer or any competent engineer or architect nominated
by him in writing ) on a
reference made to him by any of the parties
by notice in writing , a copy whereof will be served on the other party at the address
mentioned above or such other address as may be notified
by that other party sent
by registered post.
The arbitrator shall be entitles to proceed ex parte after notifying the parties
by a reasonable notice as to the time
and place therefor. The arbitrator
shall also be entitled to associate
with himself a surveyor, if necessary at his
discretion. The arbitrator shall have power to reopen
and revise any certificate
granted by the architect
engineer under these present.”
DISCLAIMER: THE ARTICLE IS BASED ON THE RELEVANT
PROVISIONS AND AS PER THE INFORMATION EXISTING AT THE TIME OF THE PREPARATION.
IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT AND INDIRECT RESULT FROM THIS
ARTICLE. THIS IS ONLY A KNOWLEDGE SHARING INITIATIVE.
THE AUTHOR – CS
DEEPAK SETH (ASSOCIATE PARTNER HELPINGHANDS PROFESSIONALS LLP) AND CAN
BE REACHED AT CONTACTHHPRO@GMAIL.COM OR 9910248911.
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