Cllaim
Charudutta R. Mhalgi
(Querist) 23 June 2013
This query is : Resolved
Respected Sir,
A person is a Civil Contractor, takes the contracts for repairing the roads,construction of new roads etc. from Govt. Authorities.
My query is regarding the CLAIM. If a contractor is submitted the final Running Bill to the Govt. Authorities and the whatever the amount of final bill the same is received by the contractor and after the receipt of same if a contractor lodged any CLAIM whether that will be valid or not? under which Act claim can be lodged. Please
also provide under which section CLAIM can be lodged with respective Act.
Kindly advice for the same.
prabhakar singh
(Expert) 23 June 2013
Unless the payment of final bill was received UNDER PROTEST AS TO BE WRONG,the matter would stand over and no claim could be filed.
Otherwise if there is no arbitration clause in the agreement signed,a civil suit after service of two months notice under section 80 of Civil Procedure Code could be filled.
In case there is arbitration clause (normally they are found in these kind of agreements)the same would be needed to be invoked.
Rajendra K Goyal
(Expert) 23 June 2013
What type of claim, error in calculation, error in measurement, some item left to be paid, difference in rate ? Agree with the expert Sh. Parbhakar Singh Ji, if there exist arbitration clause same can be invoked or filing of civil suit is alternative if the department refuse to entertain the claim submitted on the fact that in final bill some mistake of fact existed which need rectification.
