financial
crises of funds, it had requested to slow down the progress of
work.
4. The Arbitrator framed the following issues:
1. Whether the claims ... dated 08.11.2010,
whereby, it had asked the respondent to slow down the progress
of work because it was facing financial crises and was unable
availability of site for footpath (8) slow progress of work from
Chitra Vihar to PSK and (9) execution of extra work beyond the
contract ... availability of site for footpath,
(8) slow progress of work from Chitra Vihar to PSK, and
(9) execution of extra work beyond the contract
defendant sent
a letter dated 12.11.2020 alleging plaintiff of slow progress in
work with ulterior motive. The hindrances pointed out by plaintiff
viz. providing ... regarding pollution.
2. 12.11.2020 Regarding slow progress in work PW-1/9
3. 14.01.2021 Notice of slow progress PW-1/12
4. 12.03.2021 Defects pointed
tune of Rs. 60,00,000/ and that slow
progress of the work was completely due to nonavailability of
stipulated materials, drawings/details ... only two tons of steel was
made available resulting in slow progress of work.
VIII) Vide letter dt. 20.07.1998 plaintiff informed the defendants that
V.S. Achuthanandan vs R. Balakrishna Pillai & Ors on 10 February, 2011
Author: P
months. It could not be finished due to slow progress of building work. Petitioner made 2 claims that due to rise in prices, his rates ... should be enhanced by 22% and that due to slow progress of building work, his labour remained idle and he should be allowed
having fully known the stage of work on that date and the fact that the work could not progress during the ensuing months, there ... over. Thus the contractor could not be blamed for slow progress of work after April, 2007.
D. That if bank guarantees were permitted
claimant after completion of grade beams, the progress of the work of the claimant was very slow. This has been highlighted by the respondent ... letters written by the respondent to the claimant pointing out slow progress of work.
I, hold that there was fundamental breach on the part
date of completion of work
which did come, at least in part in the way of
smooth execution of work contracted. It has
also evident ... them, were
inconsequential, but it was mainly due to slow
progress of work by the Claimants, which they
could establish in part. Though they went
observed
that the progress of work is very slow. You have to speed
up the following works.
1. Development work - Water/Sewer Line
2. Grit ... from the
secretary of society. We feel that the progress of work is
very slow and project may not be completed