accordance with the
formula provided in the contract. The contract did not contemplate any
price variation on the interest free advance payment. The contract only ... that clauses 3.1.3 and 3.2.3 of the contract stipulate that the
"Contract prices are subject to variation in accordance with the price
variation
Quantities.
52.1 Valuation of Variations (GCC)
All Variations referred to in Clause 51 and any
additions to the Contract Price which are
required ... read with
the other clauses referred to the variations which are
instructed variations, i.e. variations which are a
consequence of issuance of instructions
under a separate contract in
consultation with CGE.
3. CONTRACT PRICES AND TERMS OF PAYMENT
3.1 MIL Contract Prices
3.1.1 The Contract Price ... ignore the words of the Contract which provided that the Contract
Prices were subject to variation, without suggesting that the whole of the
Equipment Contract
Final PVC Bill)
Company Total cost of along with price variation
Contract Rs and interest
5,47,26,451.47/-
Total ... stations. (Extra work) + Rs
Total Cost of 11,07,561/ -(Price variation
Contract Rs of Steel purchased) + 4Lacs
8,46,08,660/- (using pressure rings
deviations/variations as follows:
"Para 11: Maximum limit +(plus/minus) 25 of
deviation/ (twenty five) per- variation cent of the contract
value"
That ... limit. Terms and conditions of the contract
remain
unaltered.
The General Conditions of the contract defined
'contract value' in clause
before awarding the next contract
being CS 160. It is said that in the next contract awarded, the price variation
formula was changed and therefore ... price variation formula depends upon the extant scenario and it is not
necessary that one price variation formula adopted for one contract, should
necessarily
Contract Act.
"62. If the parties to a contract agree to substitute a new contract for it, or to rescind or alter ... General Conditions of the Contract. Furthermore, the contract of guarantee as has been observed above, is an independent contract and it is to be enforced
price
variations formula. The Claimant also submitted that
determination of value of variations based on, Clause 1.3.4.4
of volume VI of contract contemplates;
1) Southern ... contract. The Respondent having
contemplated in the contract the CPWD-DSR of Chennai
Region for valuation and payment for variation works and
having adopted
debt and extension of credit limits to Rayalaseema amounting to
novation/variation of contract of guarantee. The other two grounds
do not relate to merits ... REASONS AND CASUAL APPROACH IN REJECTING THE
OBJECTION OF NOVATION/VARIATION OF CONTRACT
34) The third ground argued before me is about alleged
casual
response letter further noted that the Contract Agreement was a
design and build contract and the respondent was required to build and
design the alignment ... claimant, related earthwork and allied works,
which amount to „variation‟ in terms of the Contract Agreement.
10. The first two of the aforesaid issues were
