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Please use this identifier to cite or link to this item: http://eprint.iitd.ac.in/handle/2074/834

Title: Final and binding power clauses in Indian construction contracts
Authors: Iyer, K Chandrashekhar
Satyanarayana, Kalidindi N
Keywords: Arbitration
Construction contract
Contract clauses
Legal cases
Issue Date: 2001
Citation: International Journal of Project Management, 20(1), 13-22
Abstract: Most Indian construction contracts while specifying the role and responsibilities of parties in the contracts, also specify certain extraordinary powers to a particular person whose decisions are final and binding to both the parties. These decisions are administrative in nature and they are neither open to arbitration nor to any court of law. They are meant to prevent disputes and are taken in the overall interests of the project. However, in practice, the disputes arise due to varied interpretations of certain technical terms in a contract, unclear domain of "final and binding power" (FBP), or owner's intentions in giving decisions under FBP and thereby preventing contractors from referring the matter to an arbitrator. Based on a legal case study, primary guidelines are formulated to evaluate the applicability and acceptability of decisions under FBP. These guidelines are presented as a decision diagram in this paper.
URI: http://eprint.iitd.ac.in/dspace/handle/2074/834
Appears in Collections:Civil Engineering

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