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 be executed at scaffolding, surplus materials, rubbish and all huts and
sanitary arrangements required for his/their work people ... with
the requirements of the Clause as to removal of scaffolding, surplus materials
and rubbish and all huts and sanitary arrangements as aforesaid and clearing
clarification as to how the milestone payments
against the surplus material handed over to BSNL shall be paid to the
Vendor, for which a specific ... clarification was sought as to how the milestone
payments against the surplus material handed over to BSNL shall be paid to
the Vendor
absence of any actual loss suffered due to non-return of surplus material. There could be two views about the shuttering supplied free of cost
there is any delay on account of issue of the stipulated materials, the Contractor can not claim any compensation for delays upto six months ... petitioner under clause 42 of the agreement to return the surplus material. According to the respondent the aforesaid recovery was made strictly in accordance with
long as there is no duplication, this aspect would have no material bearing.
7. A reading of the claim no.1 shows that while ... notice to the petitioner asking them to return the surplus material or any other document to prove their loss. No indication of any theft
statutory taxes, duties and levies to
the concerned authorities for such surplus
material, which would otherwise have been,
lawfully payable. The bidders shall submit
work be considered complete
till the Contractor removes the scaffolding, surplus materials etc from the
work site.
10. Under Clause 7, the final bill shall
contractor shall see that only the required quantities of materials are got issued. Any such material remaining unused and in perfectly good condition ... entitled to charge and incidental charges for returning the surplus materials from and to the stores where from they were issued. (ii) After the completion
Gammon India Limited vs National Highways Authority Of India on 2 July, 2019
Author: Prathiba
