Document Fragment View

Matching Fragments

40. Under the heading "DETAILED ANALYSIS OF THE SPECIFIC DEFECTS/DEFICIENCIES IN THE VIADUCT STRUCTURE AND THEIR REPAIRS/RECTIFICATION" under different sub-headings after referring to submissions of the parties, the Arbitration Tribunal had made analysis and discussion. Thereupon the following summary was recorded by the Arbitral Tribunal:-

"The views of the Arbitral Tribunal on defects/design deficiencies/constrains in the civil structures of Delhi Metro Airport Line are summarized herein below:-
SI Defect/Deficiency in Views of the Arbitral Tribunal Design/Constraints No.
1. Cracks at the bottom of Occurrence of such large numbers of the girders cracks in the base slab of the pre-

stressed concrete girders within just one year of train operation, tentative assessment of the cause of cracks, unreliable measurement of crack depth which in many cases extend to more than half of the depth of bottom slab of U girder and non serious inspection of the repairs by an agency appointed by DMRC impact adversely on the integrity of the structure. This leads to the conclusion that DMRC is in the breach of the CA as effective steps were not taken within the cure period of 90 days to cure this defect and this has caused Material Adverse Effect on the Concessionaire (DAMEPL).

vii) The cracks in the girder are relatable to inherent defect in the design of the girder."

73. Notice states that DAMEPL had carried out inspections without original and other relevant designs and drawings, which had not been provided by DMRC. Defects in DMRC‟s work were not capable of being noticed and identified at the time of taking over due to defaults of latent and inherent nature. Preliminary investigation report had been prepared by an internal team. Reference was made to the earlier letter dated 17 th May, 2012, report submitted by M/s Shirish Patel and Associates Consultants Private Limited engaged by DAMEPL and observations of others on the question of safety of passengers that were paramount. Hence, it was not possible for DAMEPL to continue with the operation of trains in view of defects to safeguard life and property of public at large. Defects in DMRC's work had resulted in 'adverse material effect' as the situation had made the operation highly unsafe with potential to cause loss of life and property thereby severely impairing technical capabilities of DAMEPL. DMRC was accordingly requested to take such actions or measures as were necessary to completely cure the defects within 90 days, failing which there would be a material breach and „DMRC Event of Default‟.