Extension Of Time In Government Works Contracts In India: A Comparative Analysis Of Standard Form Contracts
- IJLLR Journal
- 3 hours ago
- 1 min read
Satharasi Vasudeva Naidu, Advocate and Research Scholar, University Law College and Department of Studies in Law, Bangalore University
Prof. Dr. N. Dasharath, Professor & Former Principal, University Law College and Department of Studies in Law, Bangalore University
ABSTRACT
Extension of Time (EOT) is an important contractual tool in government works contracts where delays are not caused by the contractor. This becomes especially crucial in public infrastructure projects where delays can arise from employer defaults, contract variations, force majeure circumstances or any other situations leading to delay in performance of the contract. While all government works contracts in India are based on general constitutional and statutory law, not all contractual provisions regarding EOT are the same across government agencies. This article explains how the constitutional principles based on Articles 14, 298, 299 of the Constitution of India govern the EOT issue, along with the relevant statutory provisions of the Indian Contract Act, 1872. Additionally, it also compares the EOT provisions in the Indian Railways Standard General Conditions of Contract (IRSGCC), the Central Public Works Department General Conditions of Contract (CPWD GCC) and the Karnataka Public Works Department General Conditions of Contract (KW-4). The key areas of discussion include concepts such as employer-caused delay, contractor’s default, force majeure event, procedural safeguards and remedies available under the contract, showing the differences in the way contracts are drafted by different government authorities while being contradictory with the same law.
Keywords: Extension of Time, Government Works Contracts, Standard Form Contracts, Indian Contract Act, Public Procurement.
