MOIL
Employees Conduct Rules.
D) Charge (IV)
28(xiv) - Willful damage to work in process or to any property
of the Company -
Shri ... regulations of the Company and willfully he has tried to
damage the work process of the Company by alleged negligence towards his
duties which thereby
submerged the
worksite and vast adjacent areas causing extensive damage to the works already
executed by the claimant, causing damage to the machinery and equipments ... loss
and damage on account of works re-executed by the claimant due to flood during
July
work, a completion
certificate was issued by the Executive Engineer on
28/05/2013. As per Clause 4.3.17.1, the contractor is liable
for damage done ... Executive
Engineer, WRD had no option but to complete the damage
work by the other independent agency and for making good
imperfection the cost
problem within
48 working hours and according to Clause 3.3.3, Ops were to
ensure all hardware remains in working condition throughout the
terms ... covered under Clause 3.3.4, otherwise, in
case due to normal routine working, damage has been caused to
the hardware then Ops were bound to repair
damage to the foundation
and cracks to the building. She and her neighbourers tried to make
him understand that the illegal construction would damage ... others when Respondent No. 2
allegedly carried out mass renovation work damaging the safety and
structure of the building.
15. As regards allegations
works of licensee. Section 139 relates to negligently breaking or damaging of
works. Section 140 relates to penalty for intentionally injuring works and Section
Page
DELAY/LIQUIDATED DAMAGE
6.1 INTERMEDIATE COMPENSATION FOR
DELAY/LIQUIDATED DAMAGE As on 15th Dec.' 03, the
extended date worked out for completion of lowering ... liquidated damage shall be
leviable on slippage above 5% i.e on 10.85% (15.85-5.00).
Liquidated damage for this slippage works
works from the date of
award until completion of the works and shall be liable for any loss or damage to
the works. The contractor ... third
parties. The contractor shall be responsible for loss or damage to the works. The
contract shall be responsible and bear the risk
work with Decorative
molding works and replacing
into new work with labour
First Appeal No.390 of 2017 12
and materials (Only ... fire and replacing with new
work (cladding) design work
with labour and materials
12. Removing of damaged 440 Sq. ft. 45,000 12,000
flooring
value of the work executed during the extended period of the work and assessed
10% of the work done during such extended period ... repair of WBM work, the arbitrator
reasoned that the bituminous work was required to be done long after the WBM
work had been completed
