contract beyond stipulated period of
contract on account of breach of Contract committed by the
Department is absolutely hypothetical and beyond terms of the
contract ... contract provisions, not only for the stipulated
period of contract but also for the prolongation period of contract due
to the escalation in cost
terms of the contract. The subsequent contracts are not
separate contracts and it is only an addition to the earlier contract which has not
been ... contracts governing the parties clearly stipulate 90% of
the contract value in the event of cancellation of the contract by the respondent.
Admittedly, 6 escalators
Amount of labour escalation payable.
K=%age of labour escalation = 80%
RR= Revised minimum labour wages to the
unskilled contract labour.
PR = Prevailing minimum labour ... Amount of labour escalation payable.
K=%age of labour escalation = 80%
RR= Revised minimum labour wages to the
unskilled contract labour.
PR = Prevailing minimum labour
clause relating to escalation in
the Letter of Intent reads as under:
"ESCALATION
Labour and Material Escalation shall be payable ... absence of an escalation clause. While the power of the
Ld. Arbitrator to give escalation in a construction contract cannot be
doubted, the question here
learned Arbitrator that the escalation charges included escalation
with regard to the excepted category of escalation i.e. escalation in
relation to steel and cement ... learned Arbitrator has not travelled beyond the contract
while interpreting the contract and awarding escalation charges and
allowing claim no. 4 calling for any interference
submitted by the contractor for working out price escalation. It appears that price escalation as per contract was calculated in accordance with the various components ... predetermined under five heads no contract in this regard came into being. Admittedly, the contract contained three heads for escalation pursuant to the bid submitted
DURATION OF CONTRACT
I find that the contract is entered into on 25th November 1995
and further amended vide Supplementary Contract entered into
on 09th ... been negotiated.
ESCALATION CLAUSE IN CONTRACTS
12. I find that in three Contracts, there is express provision for
escalation in Bills. However, KBEPL have raised
DURATION OF CONTRACT
I find that the contract is entered into on 25th November 1995
and further amended vide Supplementary Contract entered into
on 09th ... been negotiated.
ESCALATION CLAUSE IN CONTRACTS
12. I find that in three Contracts, there is express provision for
escalation in Bills. However, KBEPL have raised
gone beyond the contract because it
is observed by the tribunal itself that the contract between
the parties does not contain escalation clause. In spite ... escalation costs,
the tribunal has awarded Claims No. 5 and 6 towards
escalation bills. Learned Senior Counsel vehemently argued
that when the contract does
revision. The claim for escalation of rates was rejected on the ground that there was no escalation clause in the contract.
29.24. Arguments similar ... contract, which suggests that the contract is a "firm price contract" and there is any bar with regard to the claim for escalation
