Forensic Claims Analysis Member for 15 years 8 months Member for 15 years 9 months Submitted by Satish Kumar on Wed, 2013-08-21 20:07 Permalink 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;). Member for 19 years 10 months Member for 19 years 10 months Submitted by Mike Testro on Wed, 2013-08-21 17:49 Permalink 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 Log in or register to post comments
Member for 15 years 8 months Member for 15 years 9 months Submitted by Satish Kumar on Wed, 2013-08-21 20:07 Permalink 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;).
Member for 19 years 10 months Member for 19 years 10 months Submitted by Mike Testro on Wed, 2013-08-21 17:49 Permalink 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
Member for
15 years 8 monthsThank 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;).
Member for
19 years 10 monthsHi 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