Special condition and general conditions of contract
abhay dilip divate
(Querist) 05 August 2014
This query is : Resolved
Respected Sir,
Which conditions are prevailed in the Contract Agreement either special conditions or general condition?
If any case law please provide.
Thanking you.
abhay dilip divate
(Querist) 05 August 2014
Respected Sir,
Generally in tender document there is clause that the Special conditions are prevailed over the General conditions. But, in our tender document there was no such clause. Therefore, does arbitrator accept the Special condition over general condition.
Devajyoti Barman
(Expert) 05 August 2014
academic queries are not entertained here.
Guest
(Expert) 05 August 2014
I hope your company can afford hiring of services of consultants, if you are not able to fulfill their requirement as a Law Officer.
Moreover, you have not mentioned what actually is the problem with background of the case and on what issue arbitration is attracted and on whosereference.
abhay dilip divate
(Querist) 05 August 2014
Our company is related with the government construction contract. when the government alloted the contract, the tender contract are executed between the parties. But thereafter when the construction was starting, the company faced various problems. And, the meetings are executing between the parties with higher government authorities and original general condition was modified with special conditions. Actually, generally the government incorporated the clause regarding to amendment in general conditions. But, in our tender condition there is no such clause. Now, we are going to arbitration. The arbitrators wants to check this amendment condition for referring special condition. So, I want any case law which shows that the general conditions are overruled by special conditions.
Guest
(Expert) 05 August 2014
Sorry dear, your demand for case laws is quite illogical. Searching case law is the problem of your lawyer or yours in person, as a law officer of the company. The job is not a second's job to search befitting case law with reference to the characteristics of the case, for which no expert would prefer to waste his valuable huge time for charity purposes.
Moreover, the characteristics of the case can only be known after due examination of the contract documents, including tender document, with tender conditions, agreement, in original as well as revised agreement.
