Professional Documents
Culture Documents
V. VENKATA NARAYANA,
Deputy Executive Engineer (R&B) 07799139399, 9440818440, vvn.randb@gmail.com
DEPARTMENTAL CODES
The FOUR Departmental Codes relating to Engineering personnel working in Andhra Pradesh State.
I.
II.
III. The Andhra Pradesh Detailed Standard Specification. Called in short as -APDSS. IV. The Andhra Pradesh Standard Scheduled Rates and Standard Data.
10/8/2013
10/8/2013
VV Narayana
10/8/2013
VV Narayana
10/8/2013
VV Narayana
10/8/2013
VV Narayana
Government of Andhra Pradesh consists of THREE branches :: I. Public Works Department, II. Irrigation Department, III. Roads and Building Department.
10/8/2013
VV Narayana
10/8/2013
VV Narayana
10/8/2013
VV Narayana
10
A.P.D.S.S SECTIONS - 10
A. B. C. D. E. F. G. H. I. J. Preface No. 1-10 Statement of approximate quantities in Schedule A No. 11-13 Drawings and Specifications No. 14-19 Materials and Workmanship No. 20-32 Included in Contract rates No. 33-43 Responsibilities and Liabilities of the Contractor No. 44-51 Miscellaneous No. 52-57 Date of commencement, completion, delays, extensions, suspension of work and forfeiture No. 58-61 Particulars of Payment No. 62-72 Arbitration and Claims of Contractors on Arbitration cases No. 73
10/8/2013
VV Narayana
11
10/8/2013
VV Narayana
12
PS 73. Arbitration.
10/8/2013
VV Narayana
13
SHALL
The use of the word shall in making the provision is Intended to make the provision it self Obligatory (routine as to be expected of everyone) not Directory (give authoritative instructions).
10/8/2013 VV Narayana 14
a) The character of the materials to be used: b) The method of execution of work: c) The contractors responsibilities and liabilities to the Public, Government and his workmen and d) General Conditions which are to be accepted by every contractor who execute the work entrusted to him by the PWD of Andhra Pradesh.
10/8/2013
VV Narayana
15
When ever The term Standard Specification or The abbreviation A.P.S.S. is used in the Estimate or Contract document it shall refer to the relevant specification in A.P.S.S. book and its addenda volume.
10/8/2013 VV Narayana 16
2. Applicability of A.P.S.S.
When a Standard Specification NUMBER is defined in a tender notice or in the contract schedule
It is not necessary to include the Standard Specification for any item of work in any contract document . The contractor is to execute the work according to such Standard Specification.
This Preliminary Specification shall apply to all agreements entered into by contractors with P.W.D. It shall form an inseparable condition of contract.
10/8/2013
VV Narayana
17
10/8/2013
VV Narayana
18
10/8/2013
VV Narayana
19
5. Sub-Specifications
Works of similar nature are grouped under one specification number. They have many common clauses in their specification. The group is called General. Sub-specification are given an alphabetical suffix.
10/8/2013
VV Narayana
20
Superintending Engineer and Executive Engineer may alter the Standard Specification for any particular contract, which is within their powers of sanction. Alteration may be done when such alteration found necessary. Correction sheet
Shall be attached to the contact form. Shall show the Standard Specification number and the corrections made.
Shall be signed by Superintending Engineer or Executive Engineer as the case may be together with the signature of the contractor.
10/8/2013
VV Narayana
22
7. Powers of Superintending Engineers and Executive Engineers to supplement or alter A.P.S.S. ADDITIONAL SPECIFICATION ::
Superintending Engineer and Executive Engineer may made additional specification for items for which there no Standard Specification. Additional Specification sheet
Shall be attached to the contact form. Shall be signed by Superintending Engineer or Executive Engineer as the case may be together with the signature of the contractor.
10/8/2013 VV Narayana 23
8. Definition of terms
EXECUTIVE ENGINEER ::
The Executive Engineer refers to the Executive Engineer being in charge of for the concerned work under execution. Or Departmental assistants or subordinates to whom the Executive Engineer have delegated certain duties. The assistants or subordinates shall act individually within the scope of the particular duty entrusted to him.
10/8/2013
VV Narayana
24
8. Definition of terms
EXECUTIVE ENGINEER :: The Executive Engineer, Superintending Engineer or higher authority should not delegate powers which affect agreement and contract conditions. The duties of such assistants or subordinates will be solely duties of supervision to ensure compliance with contract conditions.
10/8/2013
VV Narayana
25
8. Definition of terms
CONTRACTOR ::
A particular person, firm or corporation with whom an agreement has been made by the Executive Engineer or higher authority for executing work defined in the contract agreement. It shall include the contractors authorized agent, who is maintained on the work by the contractor. When two more contractors are engaged on construction work in the same vicinity, the Executive Engineer shall be authorized to direct the manner in which each shall conduct the work so far as it effects other contractors.
10/8/2013
VV Narayana
26
9. Evidence of Experience.
In the event of the contractors tender being accepted, They have to present satisfactory evidence to the Executive Engineer
I. That they are regularly engaged in constructing such works as they propose to execute now. II. That they are fully prepared with the necessary capital, machinery and material to begin the work promptly, III. That they can carry the proposed work as per A.P.S.S.
10/8/2013
VV Narayana
27
Shall be deemed sufficient service in serving the communication to the contractor in writing. The tenderer can change his address at any time by an instrument executed by the contractor and delivered to the Executive Engineer. There is no condition in agreement that can prevent the service of any notice, letter, or other communication upon the contractor personally.
10/8/2013
VV Narayana
28
11. Quantities approximate and contractor to verify nature and amount of work
The QUANTITIES mentioned in Tender Notice and given in Agreement (Schedule A) are worked out from relevant drawings in P.W.D. office. These QUANTITIES may or may not be the actuals required for execution. The Executive Engineer does not agree that the actual amount of work to be done will correspond to the work. The Executive Engineer reserves the right to increase or decrease the quantity of any class or portion of work as he deems necessary. There shall not be any change in the over all scope of work due to the above mentioned changes.
10/8/2013
VV Narayana
29
11. Quantities approximate and contractor to verify nature and amount of work
Tenderers must satisfy themselves the accuracy and sufficiency of statement of quantities and all conditions affecting the work (by personal examination of the site, the plans, the specification and by other means). After submission of tender, the tenderer shall not dispute or complain the statement of quantities. The tenderer shall not assert that there was any misunderstanding in regard to the nature or amount of work to be done. In consequence of misunderstanding , the tendered shall not apply for extension of time for completion beyond the agreement date.
10/8/2013
VV Narayana
30
10/8/2013
VV Narayana
31
10/8/2013
VV Narayana
32
14. Purpose
The contract DRAWINGS, if any, read together with
The contract SPECIFICATIONS
are intended to To show and explain the manner of executing the work and To indicate type and class of materials to be used.
10/8/2013
VV Narayana
33
10/8/2013
VV Narayana
34
In the event
10/8/2013
VV Narayana
35
10/8/2013
VV Narayana
36
10/8/2013
VV Narayana
37
10/8/2013
VV Narayana
38
For all modifications, omission from or additions to the drawings, specifications. Modifications, omissions or additions shall be made only when so authorized and directed by the Executive Engineer in writing.
10/8/2013
VV Narayana
39
At any time before completion of work. Such ORDERS shall not operate to
Declare in valid those portions of the specifications with which said changes do not conflict.
10/8/2013
VV Narayana
40
These copies shall be kept on the work until its completion. The Executive Engineer shall have access to them at all times.
10/8/2013
VV Narayana
41
10/8/2013
VV Narayana
42
10/8/2013
VV Narayana
43
10/8/2013
VV Narayana
44
10/8/2013
VV Narayana
45
1:2
1:2:4
10/8/2013
VV Narayana
46
10/8/2013
VV Narayana
47
10/8/2013
VV Narayana
48
23. Data
The
(i) Materials and (ii) Labour
Utilized in the execution of work by the contractor shall not be less than that given in the A.P.P.W.D. standard data for relevant items.
10/8/2013
VV Narayana
49
Before start of the work, the contractor shall submit a detailed SITE SURVEY to the Executive Engineer (clearly indicating positions and areas where materials shall be stacked and shed built). That SITE SURVEY should be approved by the Executive Engineer. The contractor shall deposit the materials for the purpose of the work on the GROUND approved in Site survey.
10/8/2013
VV Narayana
50
During the progress of work, the Executive Engineer shall have power to cause the contractor to purchase and use such materials from Government stores or other sources as specified in the contract.
10/8/2013
VV Narayana
51
10/8/2013
VV Narayana
52
27. Test inspection and rejection of defective materials and work (a)
The contractor shall provide proper facilities at all time, for testing of materials and inspection of the work by the Executive Engineer The Executive Engineer shall have access at all times to the place of storage or manufacture to determine the manufacture is proceeding in accordance with drawings and specifications.
10/8/2013
VV Narayana
53
27. Test inspection and rejection of defective materials and work (b)
The vendors shall supply test certificates to the contractor, when the Contractor purchases consignment of cement, steel and other materials in respect of which such certificates are usually available. When ever the Executive Engineer demands test certificates for inspection, the contractor shall forward the same to the Executive Engineer.
10/8/2013
VV Narayana
54
27. Test inspection and rejection of defective materials and work (c)
The Executive Engineer shall have power to reject at any stage, any work which he considers to defective in quality of material or workmanship. He shall have power to reject wrought (finished) materials, even though the same were passed previously in an un worked condition. The Executive Engineer shall give written instructions to the contractor to take down and remove rejected materials from work site.
10/8/2013 VV Narayana 55
27. Test inspection and rejection of defective materials and work (c)
The contractor shall remove the same within 24 hours of written instructions of the Executive Engineer. Replacement shall at once be made in accordance with the specifications and drawings, at contractors risk. In case the contractor do not Replace the rejected materials as ordered by the Executive Engineer, the Executive Engineer shall have power to employ and pay other persons to carry out the orders.
10/8/2013
VV Narayana
56
27. Test inspection and rejection of defective materials and work (c)
All expenses in removing the rejected material and replacing the same shall be borne by the Contractor. The Executive Engineer may allow to remain the work not done in accordance with the contract. In that case the Executive Engineer shall make such allowance for the difference in value, as in his opinion may be reasonable.
10/8/2013
VV Narayana
57
27. Test inspection and rejection of defective materials and work (d) Works opened for inspection.
The Executive Engineer shall request the contractor to open, any work covered up, for inspection duly fixing the time. The contractor shall comply with and open the same. In case the contractor refuses to comply with the Executive Engineer, the Executive Engineer may employ the workmen to do the same. Whether the expenses for opening shall be born by the contractor or by the Government depends on the following conditions.
10/8/2013 VV Narayana 58
27. Test inspection and rejection of defective materials and work (d) Works opened for inspection.
In case the work is covered up in violation of the Executive Engineers instructions. The contractor shall pay the expenses for opening it for Executive Engineer inspection and after covering it up. Or the expenses shall be recovered from the contractor and paid to work men employed.
10/8/2013
VV Narayana
59
27. Test inspection and rejection of defective materials and work (d) Works opened for inspection.
27. Test inspection and rejection of defective materials and work (d) Works opened for inspection.
10/8/2013
VV Narayana
61
27. Test inspection and rejection of defective materials and work (d) Works opened for inspection.
In case Foundations or any other Urgent works
The contractor shall open the foundations for immediate inspection and issue notice to the Executive Engineer. The Executive Engineer shall inspect the work within reasonable time. In case the Executive Engineer do not inspect the work in the reasonable time, the contractor may cover up the work. After covering it , it is not required to open. In case it is required to open, it shall be done at the expense of the Government.
10/8/2013
VV Narayana
62
The Executive Engineer shall direct the contractor in writing to amend and make good such defects etc. within a specified time.
10/8/2013
VV Narayana
63
10/8/2013
VV Narayana
64
The Liability of the contractor shall be limited to SIX MONTHS from the date of taking over of such portion or portions.
10/8/2013
VV Narayana
65
The Contractor shall have the right to appeal to the Superintending Engineer of the Circle and the decision of the Superintending Engineer shall be final and conclusive.
10/8/2013
VV Narayana
67
The contractor shall dismiss that employee immediately. The contractor shall not reappoint that employee without written permission of Executive Engineer. The contractor may appeal to the Superintending Engineer of the Circle against that dismissal.
10/8/2013 VV Narayana 68
10/8/2013
VV Narayana
69
10/8/2013
VV Narayana
70
10/8/2013
VV Narayana
71
10/8/2013
VV Narayana
72
The stacking shall be done in the manner and at place order by the officer immediate charge of the work. In case circumstances necessitate provision for a separate schedule item for above operations, such will be specified in the tender notice or schedule.
10/8/2013 VV Narayana 73
10/8/2013
VV Narayana
74
10/8/2013
VV Narayana
75
(d) The contractor is responsible for compensation of all losses in transporting material caused by
Wastage, Breakage, Theft or Any other cause.
VV Narayana 76
10/8/2013
10/8/2013
VV Narayana
77
10/8/2013
VV Narayana
78
Required by the contract. The contractor alone shall be responsible for the efficiency and safety of his
Plant, Appliances and Methods.
10/8/2013
VV Narayana
80
The same should not be varied during the contract period. If, however, the Department is not able to supply any of the tools and plant indicated in the agreement, the contractor shall claim no compensations but only can claim reasonable extension of contract time
10/8/2013
VV Narayana
81
10/8/2013
VV Narayana
82
10/8/2013
VV Narayana
83
The place and manner of erection of weather-proof should be approved by the Executive Engineer. If the Executive Engineer shall order any departure from any arrangements made by the contractor, the contractor shall comply with such orders.
10/8/2013 VV Narayana 84
10/8/2013
VV Narayana
87
10/8/2013
VV Narayana
88
10/8/2013
VV Narayana
89
10/8/2013
VV Narayana
90
10/8/2013
VV Narayana
91
With whose systems the structure is proposed to be connected. The contractor shall conform any variations from drawings or specifications proposed to be necessitated. The contractor shall give a written notice to the Executive Engineer specifying the variations proposed to be made and reasons for making them and apply for instructions thereon.
10/8/2013
VV Narayana
92
Any variations from drawings or specifications so necessitated shall be dealt with clause 63. The contractor shall give all notices required by the said Acts,
Regulations or By-Laws
And pay all fees in connections therewith, unless otherwise arranged and deciding on in writing with the Executive Engineer.
10/8/2013 VV Narayana 93
10/8/2013
VV Narayana
94
And he shall provide suitable hoarding, lighting and watch man as necessary.
10/8/2013
VV Narayana
95
10/8/2013
The contractors shall indemnify Government against all loss, damage, penalties or fines sustained by the Government as a consequence
The contractors failure to give intimation of accident as detailed above or The Governments failure to give notice under Workmens Compensation Act or The Governments failure to conform to the provisions of the said Act in regard to such accident.
10/8/2013
VV Narayana
97
It shall be lawful for the Engineer to retain out of monies due and payable to the contractor. In the opinion of the Executive Engineer the sum of money so retained shall be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause.
10/8/2013
VV Narayana
98
46. Blasting
Blasting operations, when considered necessary, shall be resorted to only with the written permission of the Executive Engineer. Prior inspection shall be carried out for the safety and stability of public property. The contractor shall be responsible for the safe custody and proper accounting of the explosive materials. The Executive Engineer shall have access to check the contractors store of explosive and his accounts. In case of any accountable shortage or unsatisfactory account, the contractor shall be liable for penal action.
10/8/2013 VV Narayana 99
Against structural and decorative damage caused by the execution of these works. The contractor shall make good in all respects all such damages done or occurring to the adjoining and leave such reinstatement in perfect order. The contractor is also to make good any damage done in the execution of the work to existing public or private footways or roadways.
10/8/2013
VV Narayana
100
10/8/2013
VV Narayana
101
Provided
The contractor complies with the instructions of the Executive Engineer in connection therewith The damage is not caused by himself or his workmen.
10/8/2013
VV Narayana
102
Installed in the works. The contractor shall also cause such special work or protect it as instructed to avoid injury during progress of the works. The contractor must make good any damage caused for failure to protect.
10/8/2013
VV Narayana
103
49. Holes for water service, gas, electrical and sanitary fittings
The contractor shall leave all holes in masonry and floors for insertion of
Water services, Gas and Electrical connections and Sanitary fittings
In the exact positions indicated by the Executive Engineer during the progress of work. As soon as the fittings have been installed, these holes must be built up at the contractors cost in a workman like manner. In case
where installations are made during construction of building, The Executive Engineer opines that settlement in accounts will not thereby occur
Unprecedented flood, Volcanic eruption, Earthquake or other convulsion of nature, Invasion, The act of foreign enemies hostilities Or warlike operations, rebellion Military or usurped power.
VV Narayana 105
51. Holidays
On SUNDAYS no work shall be done. The work can be done with the written permission of the
Executive Engineer or of The officer in charge of the work
The contractor shall comply with the provisions of the factory Act, in and so far as the same is applicable.
10/8/2013
VV Narayana
106
10/8/2013
VV Narayana
107
10/8/2013
VV Narayana
108
Ordinarily no sub-letting will be permitted. In case the sub-letting is permitted by the Executive Engineer, it shall not free the contractor from any of his responsibilities under any clause of Preliminary Specifications or of the Articles of Agreement.
10/8/2013 VV Narayana 109
55. Specialists
During the progress of work and in the interests of the Government, the Executive Engineer shall have the power to select, nominate or recommend Tradesmen to supply material or Specialists to execute the such portion of work as he may consider desirable.
10/8/2013
VV Narayana
110
Will be subject to the ratification of the Higher Authority who entered into the Agreement.
10/8/2013
VV Narayana
111
10/8/2013
VV Narayana
112
10/8/2013
VV Narayana
113
10/8/2013
VV Narayana
115
10/8/2013
VV Narayana
116
10/8/2013
VV Narayana
117
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(a) TIME shall be considered as of the essence of the contract. If, at any time the Executive Engineer opines that the contractor is Delaying commencement of work, Violating any of the provisions of the contract, Delaying the progress of work, as defined by the statement Rates of Progress in the Articles of Agreement The Executive Engineer shall ADVISE the contractor in writing and demand compliance.
10/8/2013
VV Narayana
118
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(a) If the contractor neglects to comply with such demand within seven (7) days after receipt of such notice, IT shall be lawful for the Executive Engineer to determine the contract The determination shall carry with it The forfeiture of the security deposit, The total of the amount with held under clause 68 (Deposits), The value of such work as may have been executed but not paid for, [Any higher authority than the Executive Engineer may, it his discretion, Waive Or Modify any penalty or forfeiture imposed by the Executive Engineer]
10/8/2013
VV Narayana
119
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(b) In spite of the failure of the contractor To comply with the demand referred to in sub-clause(a) of this clause or To maintain the Rates of Progress specified in the Articles of Agreement + Extension of Time that may have been allowed , The Executive Engineer shall permit the contractor to proceed with the WHOLE or PART and continue and complete the WHOLE or SUCH PART of work. Such permission shall not be deemed to be a waiver in any respect by the Executive Engineer of the right of forfeiture under this clause.
10/8/2013
VV Narayana
120
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(b)
Provided however that Any such forfeiture under this sub-clause shall not exceed 5 per cent of the total of the contract . Any higher authority than the Executive Engineer may, it his discretion, Waive Or Modify any penalty or forfeiture imposed by the Executive Engineer under the provision of this clause.
10/8/2013
VV Narayana
121
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(c)
At any time the Rate of Progress in the agreement is not maintained, The Executive Engineer shall have the right to give any part of the work to any other contractor or contractors in order to maintain the Rate of Progress Upon the completion of that part of work that is withdrawn. The Executive Engineer shall certify the amount of expenditure incurred by the Department for getting the work completed by another contractor or contractors.
10/8/2013
VV Narayana
122
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(c)
Should the amount so certified be less than the amount which would have been due to the original contractor on completion of that part of work by him The difference shall not be paid to the contractor. Should the amount so certified be more than the amount which would have been due to the original contractor on completion of that part of work by him The difference shall be recovered from the original contractor by the Government. Such recovery shall not exceed 5% of the total Contract amount.
10/8/2013
VV Narayana
123
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(c) CLARIFICATION Execution of balance work after determination of Contract under clause 60(c ) of P.S. to A.P.D.S.S Clarification has been made as to the mode of execution of the balance work and rate at which it may be let out., The Executive Engineer shall have the right to allot the balance work on nomination to any other contractor at his discretion in order to maintain the Rate of Progress. The Executive Engineer need not invite tender so long as the balance work executed satisfactorily at the rate in the agreement of the original contractor.
10/8/2013 VV Narayana 124
60. Delays in commencement or progress or neglect of work and forfeiture of earnest money, security deposit and withheld amounts-(c) CLARIFICATION If the Executive Engineer is unable to find a contractor to execute the balance work at the original agreement rates He shall call for tenders at short notice at realistic rates. If the balance work completed by other contractor or contractors involves any extra cost The difference shall be received from the original contractor under clause 60 ( c). Such recovery shall not exceed 5% of the total finished contract amount.
10/8/2013
VV Narayana
125
10/8/2013
VV Narayana
126
10/8/2013
VV Narayana
127
10/8/2013
VV Narayana
128
10/8/2013
VV Narayana
129
If the Government exercise the above power and take possession of work, plant and materials They may engage any other person to complete works. They may exclude contractors, his agents from entry upon Power to post watchmen or access to the site. They may allow the contractor or any person nominated by him at all reasonable times to inspect, survey and measure the works already executed by the contractor.
10/8/2013 VV Narayana 130
10/8/2013
VV Narayana
132
10/8/2013
VV Narayana
133
10/8/2013
VV Narayana
134
And such certificate shall be final and binding on the contractor. When the Government shall exercise the power contained in this clause 61 and shall take into possession of work and site
The portion of the work done by the contractor shall be maintained by the Government at the risk and expense of contractor until the whole of the work is completed by other agency and the Government take into possession of total work.
10/8/2013
VV Narayana
135
10/8/2013
VV Narayana
136
During progress of the work, After completion or the work or After the work is Determined.
MEASUREMENTS AND CHECK MEASUREMENT :: Should be done in the presence of Contractor or his authorized agent and the contractor should accept them. In the absence of Contractor also Measurements and Check measurements can be done with a written notice to him.
10/8/2013
VV Narayana
137
If any such payments are made to the Contractor due to wrong interpretation of provisions or other wise, those will be deducted.
In the subsequent Bills of the Contractor, In the Final Bill, From the Security Deposits or Bills under any other contract of the Government.
10/8/2013
VV Narayana
138
The accepted condition of the contract :: If a payment of final bill less withheld amount is paid to contractor and The contractor accept the final bill. The Government is released from all further claims by the contractor.
10/8/2013
VV Narayana
139
(ii) Incidental and (iii) Inevitable during the execution of work. The rates for the supplemental items are to be worked as detailed below.
10/8/2013
VV Narayana
140
10/8/2013
VV Narayana
141
10/8/2013
VV Narayana
142
10/8/2013
VV Narayana
143
10/8/2013
VV Narayana
144
10/8/2013
VV Narayana
145
10/8/2013
VV Narayana
146
10/8/2013
VV Narayana
147
When variations by way of extras made The Executive Engineer give a written sanction Then only payment to the contractor is made.
10/8/2013
VV Narayana
148
10/8/2013
VV Narayana
149
10/8/2013
VV Narayana
150
10/8/2013
VV Narayana
151
10/8/2013
VV Narayana
152
10/8/2013
VV Narayana
153
10/8/2013
VV Narayana
155
10/8/2013
VV Narayana
157
This clause 68 will not apply to the contracts for Designing, Manufacture, Supply, Erection, Testing Where SPECIAL CONDITIONS are incorporated. As per the SPECIAL CONDITION Retention of 10% of the contract value for twelve months (12 months) and Payment made up to 90% of the contract value on erection and testing.
10/8/2013 VV Narayana 158
10/8/2013
VV Narayana
159
10/8/2013
VV Narayana
161
10/8/2013
VV Narayana
162
10/8/2013
VV Narayana
164
The payment will be made forthwith to the person or persons entitled to receive and give a discharge for the payment such that .
All accepted and acceptance works be measured up and paid for The rates provided in the contract schedule, where such apply, or Most recent schedule of rates of the division approved by the competent authority.
10/8/2013 VV Narayana 165
73. Arbitration
TIME/ STAGES of Arbitration At any of the following stages the Arbitration can be referred. During the progress of works or After completion of the works or After determination of the works or After Abandonment of the works by contractor or After breach of work.
10/8/2013
VV Narayana
166
73. Arbitration
ISSUES of Arbitration As to the interpretation of the contract As to any matter or thing arising there under except As to the matters left to the sole discretion of the Executive Engineer under clauses 20, 22, 27(c ), 36, 37 and 40 of PS As to the withholding by the Executive Engineer or payment of any bill to which the contractor may claim to be entitled.
10/8/2013
VV Narayana
167
73. Arbitration
In case of any DISPUTE OR DIFFERENCE (D/D) between the parties to the contract (i) During any of the above stages and (ii) On any of the above issues Then either party forthwith give to the other notice of such dispute or difference. Such dispute or difference shall be and is hereby referred to the Arbitration of the Superintending Engineer mentioned in the Articles of Agreement called Arbitrator.
10/8/2013
VV Narayana
168
73. Arbitration
The Award of such Arbitrator shall be final and binding on the parties unless contested by either party in Court of Law.
In cases where the Executive Engineer has entered into the contract on behalf of the Governor, in the first instance, the dispute or difference shall be referred by or through the Executive Engineer to the Superintending Engineer of the Circle and his decision there upon obtained before referring such dispute or difference to arbitration under this clause.
Progress of the work shall not be suspended or delayed on account of the reference of any D/D to the Superintending Engineer or to Arbitration under this clause.
10/8/2013
VV Narayana
169
73. Arbitration
The decision of the Executive Engineer or the Superintending Engineer of the Circle on such D/D shall be conclusive and until reversed by the Superintending Engineer or Arbitrator.
The Arbitrator shall fix a period to file a statement of the case.
Within the above fixed period either party may file before the arbitrator a statement of the case and also all the documents relating to or having a bearing on the case. If reasonably possible, the Arbitrator shall set that the award is passed within four months (4 months) from the date of his entering up on the reference.
10/8/2013
VV Narayana
170
73. Arbitration
If he Arbitrator considers an extension of the period of passing award is necessary
Either on his own or on application either party to the reference
The parties here by agree and consent to such extension as the arbitrator time to time consider reasonably necessary.
The Arbitrator shall forthwith communicate in writing such an extension to either party.
The Arbitrator may pass an award on the documents or statements of the case filed by both the parties under or on personal inspection.
10/8/2013
VV Narayana
171
73. Arbitration
The Arbitrator shall
Not be bound to observe ordinary rules of procedure applicable to trials before Judicial tribunals Not to here to receive formal evidence .
The Arbitrator shall have power to view the subject matter of the dispute with or without the parties or their agents. THE DISCRETION POWER S OF ARBITRATOR and
THE PROCEDURE FOR PASSING AN AWARD. The above details are given in last part of First Para, in Second Para and in Third Para of Clause 73.
10/8/2013 VV Narayana 172
73. Arbitration
The Payment to the contractor based on the Arbitration award shall be made only After acceptance of the award by the Chief Engineer if the value of the award is less than Rs. 20,000. After acceptance of the award by the Government if the value of the award is Rs. 20,000 above.
10/8/2013
VV Narayana
173
73. Arbitration
NOTE 1:-Arbitration awards whose value is below Rs. 20.000:
The Chief Engineer is authorised to accept the award. The C.E. shall make a review of the award within 15 days of service of notice in consultation with the local counsel. If the Local Counsel opines the award has to be contested, he shall file an application in the Court within 30 days of service of notice and take steps to contest the award. If the C.E. considers it not advisable to act according to the advice of Local Counsel, he shall refer the matter to the Government for examination within 15 days of notice.
10/8/2013
VV Narayana
174
73. Arbitration
Arbitration awards whose value is Rs. 20.000 or above:
If the C.E. shall make a review of the arbitration and submit a report within 10 days of the notice. For all appreciation of the case, the Chief Engineer shall furnish to the Government Summery of the case, Copy of the Agreement for the work, The facts pressed before the arbitrator by both the parties and The recommendations of the Chief Engineer.
10/8/2013
VV Narayana
175
73. Arbitration
Arbitration awards whose value is Rs. 20.000 or above:
The Government shall consult the law department and will take a decision whether the award should be accepted or not. The Government then communicate the decision within 25 days of service of notice to enable the Chief Engineer Either to take action on the basis of the award Or to file an application in the Court e for filing the award Within 30 days of service of notice and contesting it.
10/8/2013
VV Narayana
176
73. Arbitration
NOTE 2: (COURT FEE STAMPS)
The Application of contractors seeking arbitration should bear a Court fee stamp as per Andhra Pradesh Court Fees , but stamp duty need be levied. The Award passed by arbitrator shall be on stamped paper. The value of that Stamped paper shall be according to the value of claim to which the award relates. If the aggrieved (distressed ) party goes to a Court of Law challenging the award, he should pay necessary Court fee.
10/8/2013
VV Narayana
177
[73. Arbitration]
NOTE 3: (MODIFICATION by G.O.Ms.No.158 TR&B, dt 13-7-92)
Except as otherwise provided in the contract any dispute and differences arising out of or relating to the contract shall be referred to adjudification as follows.
I.
(i) Settlements of all Claims up to Rs. 50,000 in value by way of Arbitration to be referred as follows :
(a) Claims upto Rs. 10,000 value. Superintending Engineer of another Circle in the Dept. (b) Claims Rs. 10,000 to 50,000 in value. Another Chief Engineer of the same Department.
10/8/2013
VV Narayana
178
[73. Arbitration]
NOTE 3: (MODIFICATION by G.O.Ms.No.158 TR&B, dt 13-7-92)
The arbitration proceedings will be conducted in accordance with the provisions of the Arbitration Act, 1940 as amended from time to time. The Arbitrator shall invariably give reasons in the award.
10/8/2013
VV Narayana
180
REFERENCES
1. 2. 3. 4. 5. The Andhra Pradesh Public Works Department Code. The Andhra Pradesh Public Works Account Code. The Andhra Pradesh Detailed Standard Specification. The Andhra Pradesh Standard Scheduled Rates and Standard Data. Internet Explorer.
10/8/2013
VV Narayana
181