Final and binding power clauses in Indin construction contracts
By: IYER, K. Chandrashekhar
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Contributor(s): SATYANARAYANA, Kalidindi N.
Material type: 
ArticlePublisher: J. R. Turner, 2002Subject(s): Obra Pública | Normatização | Legislação | ÍndiaInternational Journal of Project Management 20, 1, p. 13-22Abstract: Most Indian construction contracts while specifying the role and responsibilities of parties in the contracts, also specify certain extraordinary powers to a particular person whose decisions are final and binding to both the parties. These decisions are administrative in nature and they are neither open to arbitratio nor to any court of law. They are meant to prevent disputes and are taen in the overall interests of the project. However, in practice, the disputes arise due to varied interpretations of certain technical terms in a contract, unclear domain of "final and binding power" (FBP), or owner's intentions in giving decisins under FBP and thereby preventing contractors from referring the matter to an arbitrator. Based on a legal case study, primary guidelines areformulated to evaluate the applicability and acceptability of decisions under FBP. These guidelines are presented as a decision diagram in this paper
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Most Indian construction contracts while specifying the role and responsibilities of parties in the contracts, also specify certain extraordinary powers to a particular person whose decisions are final and binding to both the parties. These decisions are administrative in nature and they are neither open to arbitratio nor to any court of law. They are meant to prevent disputes and are taen in the overall interests of the project. However, in practice, the disputes arise due to varied interpretations of certain technical terms in a contract, unclear domain of "final and binding power" (FBP), or owner's intentions in giving decisins under FBP and thereby preventing contractors from referring the matter to an arbitrator. Based on a legal case study, primary guidelines areformulated to evaluate the applicability and acceptability of decisions under FBP. These guidelines are presented as a decision diagram in this paper
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