that out of 108 Steel structures lying at the site
as surplus material, 78 were underweight. The petitioner
therefore, withheld the payment of the final ... Claim no.8 which was for payment of bill for surplus material
left with the respondent. He submits that in terms of Clause
premises on which
the work shall have been executed, all scaffolding,
surplus materials and rubbish and shall have
cleaned of the dirt from all wood ... requirement of the clause as to
the removal of scaffolding, surplus material and
rubbish and cleaning off dirt on or before the date
fixed
materials used in construction;
(c) depreciation of plant and equipment used on the contract;
(d) costs of moving plant, equipment and materials to and from ... included in contract revenue, for example income from the sale of
surplus materials and the disposal of plant and equipment
exception of FIM, Contractor shall procure all
16
materials including temporary, permanent and consumable
materials required for execution of the work. These shall include;
Temporary ... Work, Contractor shall remove from the site
all temporary work, scrap, surplus materials, construction
facilities and equipment provided by Contractor, and shall remove
debris
utilize the entire material procured for the project and there were surplus materials available at the site. Hence, for transporting, warehousing and keeping vigilance ... surplus materials, the petitioner incurred huge expenses. It is also submitted that there was a delay in releasing the payment towards the final bill submitted
heard the learned Representatives appearing for the parties and
perused the relevant materials available on record. While making the addition in the
quantum proceedings ... observed that the fact of purchase of this surplus material
has to be established by the appellant by producing necessary evidences.
The appellant has failed
material used in construction (c)
depreciation of plant and equipment used on the contract (d) costs of moving
plant, equipment and materials to and from ... included in contract revenue for example income from the sale of surplus
materials and the disposal of plant and equipment
separately accounted for and shall not be returned. Any surplus materials received from you against the contract, will be returned to you and dispatched
defects are
apparent and contractor has removed all surplus
material from the site.
Arbt. No.97/2017 Page 24 of 27
Satyavir Singh
regarding the
returning of the surplus material. Defendant placed the order over
telephone, due to this reason, the name of the defendant's firm
