Professional Documents
Culture Documents
Dear Sir,
It is understood that either I have not explained well about the site requisites/safety
issues/protocols/statuary requirements or you have not understand well.
It is further requested that go through one by one & attend to it. And immediate
replying is not at all required since these are all SW worries as mentioned in the
subject [Professional workmanship]
1. Maintaining site diary --- As per site works concerns, this should have date wise
information such as production, safety measures, material
procurement/indents/issuance, Rain & natural calamities, method statements, work
allocations, In & out details of employee/subcontractors/workers, accidents if any,
transmittals received & sent, Client/coordinators instructions, etc as & when
required
But it seems Last mail by you [which is attached herewith] committed that labour
procurement goes beyond 50 people [ obtaining License is mandatory]
As per earlier communications with SW site team, they have submitted a requisition
letter stating that to obtain the license requirement FORM V from SPRE. Based on
that only SW can obtain Labour license on our project name. And it is in the process
with some more clarifications with SW.
Which all proves that you & I are commercially weak in this.
Let SW commercial team/HR team deal this matter since LC & accident policy is
nowadays mandatory.
Balance points all will be explained by me tomorrow in person with site team let
them explain to you. it is requested to get known from site team in all respect atleast
now onwards.
It is regret to inform you that NO further mail in this subject in future from both of
US.....[PULL STOP]
Mr Kannan/Mr.Suresh
Mr. Stephen,
Regards,
Habibullah,
Manager Services,
SP infocity, Chennai.
0 98404 58960
Make of materials
Check for approval list
If not amended approval
Check of quantity against execution/BOQ
Work carried out as per check specifications
Work carried out as per check Approved Drawings
Quality of materials & erection workmanship
Aesthetic & functional quality
Testing carried out
Testing withheld for want
Longitudinally
Pilferage
Dear Mr. Sridhar,
Please Clarify the following since Civil works got speedup as of now, And we are in a
position to give them work fronts
If Those who are all details given already means also, it is requested to clarify once
again since these are all little bit confusing.
Regards,
Habibullah,
Manager Services,
SP info city, Chennai.
0 98404 58960
Contract Management
The attention can be focused to Indian Contract Act, 1872 and its significance for Contract
Management Strategy.
The significance of Indian Contract Act, 1872 cannot be overstressed. To put it simply. whenever
two parties write in the contract, the conditions therein cannot exceed or cross the limits and
conditions set in the Indian Contract Act. Normally if a Contractor has to accept and sign on
conditions set by the client which appear to be against the Indian Contract Act's provisions, such
terms normally get struck down by court during any dispute resolution process. Hence, it is
beneficial to clients or contractors to be aware of importance provisions listed in the Indian
Contract Act, which safeguards the rights of both the parties to the contract.
i) Agreement
Normally, two parties to the contract are Promisor (Contractor) and Promisee (Client).
There must be an agreement between these two parties. One of the parties should make a
proposal which is called an offer and the other party should give its consent to the offer
which is called an acceptance. The offer must be in definite terms and acceptance should
be absolute and unconditional. There should be proper communication about offer and
acceptance which are complete when it comes to the knowledge of other party to whom it
was conveyed.
ii) Legal Relationship
As stated earlier, any contract normally means, an agreement enforceable by law. But the
agreements of social or domestic nature usually do not intend to create legal relationship.
While as in business and commercial transactions, there is a clear desire to create legal
relationship.
iii) Lawful Consideration
As per Contract Act, absence of consideration in an agreement, makes the agreement
unenforceable by law except in certain situations. The consideration in an agreement
should be lawful and paid in return for some product and/or service.
iv) Free Consent
The consent of the parties to the agreement must be free and genuine. The consent is not
free when it is affected by coercion, undue influence, mis-representation and fraud.
v) Competent Parties
The parties to the agreement must be capable of entering into contract; not being minor or
of unsound mind. Such person should not have been disqualified by any other law from
entering into another contract.
vi) Proper Objective
The object of the contract agreement should be lawful, i.e. not illegal, immoral or against
the public policy, otherwise such agreement will not be enforceable.
vii) Illegal Agreement
An agreement is null and void for acquiring or selling goods or providing services which
are illegally acquired, and results into an illegal one. Only the the legal part will be
enforceable.
viii) Certainty of Performance
The terms of every agreement must be certain, without any ambiguity. Similarly the
agreement should not be impossible to perform. If it is impossible to perform, it will not
be enforceable by law.
ix) Legal Formalities
All agreements should fulfil the necessary legal formalities for ensuring the
enforceability of the contract. Though an oral agreement can be valid, it is better to have
the agreement in writing. Similarly in certain cases necessary stamp duty is to be paid as
per Stamp Act. In such cases, it is necessary to register the agreement.
Abovementioned nine points are like essential features which need to be in place if the contract is
to be legal and valid. But this discussion will not be complete without discussing nature or type
of contract that comes into existence during various business transactions in any contracted
activity.
Types of Contract
An important classification of contracts commonly applied is as follows : (i) Valid; (ii) Void; iii)
Voidable; (iv) illegal; (v) unenforceable. 'Valid' contract is one that meets all the essential criteria.
While a 'Voidable' contract is one which may be repudiated at the option of one of the parties, i.e.
if consent of one of the party is not freely obtained. Voidable contracts remain perfectly valid and
binding till rejected by the party whose consent was not freely obtained.
There are other ways to classify the contracts, such as based on performance or mode of
formation, which can be briefly discussed.
Contingent Contracts
A contingent contract is a contract to do or not to do something, if some events connected to such
contract does or does not happen. Hence contingent contracts become enforceable only upon
happening of a particular event, e.g. Accident Insurance Policy, which is operated only in an
event of an accident. Naturally if that event does not take place, the contract automatically
becomes void. Sometimes such contingent contracts are dependent upon happening of a particular
event within a fixed time.
In the above discussion relating to basics, background and general principles of contract, some of
the clauses from Sections 1 to 75 are covered. They can be summarised as under
i) Introduction (Section 1)
ii) Proposal, Acceptance and Consideration etc. (Sections 2 to 9)
iii) Communication & Revocation (Sections 3, 7 and 8)
iv) Valid Contracts (Section 10)
v) Competency of parties to contract (Sections 11 and 12)
vi) Consent & Free Consent (Sections 13 to 22)
vii) Lawful object & consideration (Sections 23, 24, 57 and 58)
ix) Contingent contracts (Sections 31 to 36)
The rest of the clauses can be covered selectively, keeping in mind its relevance to construction
business. Hence, issues such restraint of marriage or agreements by way of wager (Sections 26
and 30) can be paid less attention and issues such Performance Discharge and Breach of Contract
need to be looked into due to its importance for day today business of managing contracts.
Before moving further Communication of Acceptance and Revocation as defined in law can be
reviewed for its relevance to tendering process.
Normally communication of offer is complete when it comes to the knowledge of the person to
whom it is made i. e. the client receiving the offer. This offer cannot be turned into contract unless
client conveys his acceptance to the proposer (contractor in this case) and such acceptance letter
reaches the proposer who acknowledges it. Till that stage the original offer made by contractor
can be withdrawn or revoked. In case of Govt. contracts this freedom of withdrawal is limited
upto tender opening date.
Performance of Contract
Every contract signed by two parties creates certain obligations on each of the parties involved in
it. When both the parties to the contract fulfil their obligations towards each other, the contract is
said to be performed. In some cases, the promisor (contractor) offers to perform his part of the
contract at appropriate time and place, but the promisee (client) does not accept the performance.
This is known as attempted performance or tender for performance.
A Valid Tender
The performance of contract is dependent on proper and valid tender. Important conditions of
validity of tender are ;
i) Unconditional offer against tender enquiry;
ii) Tender offer must be for full scope of work;
iii) Tender offer by party or person willing and capable of performing;
iv) Tender offer must be in proper form to the correct person and at proper time and place of
delivery;
v) In case of tender offer relating to goods, it is essential that Promisee is granted
opportunity to inspect the goods. The goods delivered by Promisor without such
inspection is not a valid tender;
vi) If there are several joint Promisees, tender offer may be made to any of them;
Performance of Contract
It is better to understand first, in which situation contract need not be performed by Contractor
(Promisor) or Client (Promisee).
i) Illegal contract need not be performed;
ii) The contract which become impossible to perform, need not be performed;
iii) The old existing contract need not be performed when it is altered or a new contract is
formed in lieu of earlier contract;
iv) In case Promisee decides to dispense with whole or part of the contract;
v) If Promisee either obstructs or neglects the performance of the contract;
vi) If contract is voidable type, at the option of one party and is rescinded.
Who should Perform
This question appears unnecessary, but in some cases carries great importance, as explained in
some situations below.
i) In certain cases, Promisor himself must perform, like painting of portrait or complicated
surgery or very personalised business or investment advice.
ii) In some other cases, an agent of a Promisor may perform the contract, without adversely
affecting the promise made to the Promisee.
iii) Even third party can perform the Promise if accepted by the Promisee as adequate.
iv) If Promisor dies, the legal representative will have to perform.
vi) In certain cases, there may be several promises and all the joint Promisors are required to
perform to fulfill the contract.
The further responsibilities between joint Promisors are also provided in the Indian Contract Act
in Sections 42 to 44 and can be referred when need arises.
Time and Place of Performance
The time and place for performance of contracts is sometimes not specified. In such a situation,
the Promisor has to perform the contract within reasonable time. What is 'reasonable time' is not
made clear in the Act and may, therefore, depend upon each case. But if the time has been
decided in the contract, the Promisor should perform it on the specified day, within normal
business hours. If no place for performance is fixed, the Promisor has to seek a place for
performance from Promisor and work at that place.
But if time is not the essence of contract as implied under Section 55 of the Act, and the Promisor
does not perform the contract within the normally stipulated time, the contract does not become
voidable. However, the Promisee can claim compensation for the delayed performance.
The most important thing in any contract is that if time is going to be the essence of the contract,
it should be clearly mentioned in the contract.
Assignment of Contracts
When the rights and liabilities arising out of a contract are transferred to third parties, it is known
as Assignment Contract. The assignment may take place with or without the consent of the other
party unless expressly prohibited in contract conditions.
The contracts of personal nature involving personal skill, cannot be assigned. Hence, Singers,
Musicians or Surgeons cannot assign their contract. However, Promisor may assign a contract to
other competent person who may perform the work for Promisor and the Promisee does not
object to it.
Assignment by operation of law takes place in case of death or insolvency. For example, on the
death of a person, who is party to contract, his rights and liabilities are transmitted to his legal
heirs. In case of insolvency of a person, his rights and liabilities are transferred to official
Receiver or Assignee.
Discharge of Contract
Discharge of contract is achieved when the rights and liabilities created out of contract come to an
end. The discharge can arise out of any of the following situations :
i) By proper performance of the contract;
ii) By agreement between both the parties;
iii) By replacement of old contract by new;
iv) By lapse of time under Limitation Act;
v) By breach of contract by one of the parties;
vi) By impossibility of performance;
vii) By operation of law regarding death/insolvency/merger
Though most of the above methods of discharge can be easily understood, some comments are
necessary to clarify certain issues arising out of discharge of contract.
Discharge of contract by proper performance is the common phenomenon, whereas discharge by
both the parties due to non-performance may create some issues. Breaking of contract also called
Rescission done by mutual consent might also be due to failure of one of the parties to perform its
part of the contract. Discharge by lapse of time comes into picture due to provisions of
Limitation Act, 1963. If a Promisor does not perform within a specific period and the Promisee
does not take action within the specified period, the Promisee loses the right of taking the legal
action.
Impossibility of performance of contract comes into consideration due to Section 56 of the Indian
Contract Act. The impossibility of performance may be known to the parties at the time of
forming of the contract or may be unknown to them at the time of signing. Sometimes, at the
formation of the contract, it is quite possible to perform. Such impossibility, also called as
'Supervening Impossibility' arises due to destruction of subject matter or due to change of law or
outbreak of war, etc.
Breach of Contract
Though Breach of Contract is mentioned earlier, as one of the reason for discharge of contract,
the breach by contractor cannot get settled without compensation for the loss caused due to such
non-performance. Following remedies are available in the Contract Act.
i) Rescission of Contract
If there is a breach of contract by one of the parties, the other party can rescind the
contract. In such cases, the other is relieved from performing its part of contract.
However, other party can claim compensation for the loss the loss caused to him, by the
first party.
ii) Suit of Damage
Filing of legal suit for claiming damages from the party not performing its part is another
remedy for the breach of contract. The basic objective behind allowing damages is that
the aggrieved party should at least get monetary compensation. Damages awarded can be
of different types. There could be ordinary or special damages. In case of clear
misbehaviour, court may award exemplary damages (e.g. dishonour of a cheque by a
banker inspite of sufficient funds in the customer's account). The damage can be
awarded for loss of reputation caused by breach of contract.
iii) Quantum Merit
Quantum Merit literally means "as much as earned". This compensation or the breach
arises when one of the parties performs its part as instructed but the other party doe not
perform its part of amending the contract to pay for the services rendered by the
contractor.
iv) Specific Performance
In case of breach of certain contracts, compensation in monetary terms is not enough. In
such cases, the court directs the defaulting party to perform its part rather than awarding
any damages.
vi) Injunction
Stay order is awarded by court when a party to a contract has agreed not to do a certain
thing as a part of the contract, but in fact showing an intention of doing that thing. This
can prevent defaulting party from doing non-contractual wrong things.
By now some key issues of Indian Contract Act are covered here to the extent necessary
at general level. But there are many more topics in the Act that also matter. For example,
Quasi Contracts, Contracts of Indemnity, Bailment and contract of agency, etc., the
related topics which can affect the contractual relationship, but instead of dealing with it
here, these issues can be commented in further articles, when appropriate occasion arises.
Review and Conclusion
This review of Indian Contract Act was undertaken to dispel some wide spread misunderstanding
many project and contract engineers have about the legal frame work. Many of them believe that
whatever conditions written down in the contract are automatically valid or applicable when both
the parties sign the contract. In reality, Indian Contract Act is like a frame work within which all
the contract conditions must be written. Any unreasonable contract conditions imposed by client
or contractor can get struck down if they are not fitting into legal frame work created by Indian
Contract Act. Many court verdicts are testimony to this fact.
It will be quite appropriate now to move on to actual conditions of contract normally written in
construction business, which can fit well in the legal frame work. It will be like developing a
beautiful portrait, after making sure that a frame with elegant border is guiding your business
canvas.
Routing
airtreatment@gmail.com
chennai@airtreatment.in
kpsramesh@airtreatment.in
Mr. Raju,
Like this it can not be possible, as there are lot of complications such as/ in following manner
1. Maintenance feasibility,
2. Incoming tenant requisites,
3. Routing of pipeline with in the false ceiling,
4. Coordinating other services [HVAC fresh air & exhaust air ducting along
With its take off collars]
5. Arresting between the floors by floor barriers [statuary requirement]
6. Closure of Shaft top in terrace floor level with side hood openings
7. Routing of water line in to the toilets
8. Closing of staging pockets.
If MRC has consulted with our consultants only for using either “TEE” & “Y” fittings with out putting
SPRE / SPCL in to the loop, is not at all acceptable in all respect since our consultants might have
come across these accommodation issues of pipe line with in the shaft very well.
Then why MRC has Not so far supplied correct requisite fittings such as 45 & 60 degree pieces,
reducing pieces, short length pieces [300,450,600,750,1000 mm] pipe jointing materials, correct
requisite U clamps along with supply consignments.
It is further requested that do not convince through our consultants for your easy / simple works as
these cast iron pipes are high paid rate items.
Then where is the anti corrosive paints / hot dipped galvanized paints for the MS brackets since these
might be done before erecting the pipes.
How to accommodate bye pass line /Pressure regulating valves along with its respective flanges in GI
pipe line with maintenance accessible
Why these have been not taken in to considerations before executing the works, might be done during
planning stage itself.
Regards,
Mr. Balamurugan,
It is observed that during course of unloading the panel boards within the transformer room, we the
SPCL can provide to the SW, items such as Hydra, unskilled labors, tools & tackles if any.
Please check SW contractual battery limits with respect to unloading / handling / positioning /
safeguarding for delivered items since our client has given the PO [stating that from where exactly SW
scope starts] to the SW for the erection portion only, how ever bottom line responsibility of the project
with respect to the functional & aesthetic will definitely comes under SW only.
We the SPCL is no way connected with these issues while unloading / handling the items except work
fronts & co ordinations with respect to civil clearances.
We hereby regret to inform you that under any circumstances blame should not comes to SPCL since
SW is also one of the authority right from the source of material itself as inspection is done by SW.
How ever full cooperation will be given by SPCL since quality & billing portion comes under SPCL in
getting excellent workmanship
Regards, usual
Mr. Stephen,
Other than point number seven, there are some more points with respect to the quality ground which
are all need your explanations since our client SPRE is keep on watching Siemens works.
Hope you will correct it accordingly & see that it may NOT be happen in future henceforth.
It is hereby reported & brought to SPRE notice that NO work activity has taken place for the past one
week & No man has been seen at site for the site for the past one week.
What happen to the drawing status which has to be produced by obtaining our Consultants approval &
submitted to us ??
Siemens costly materials such as RRL hose with fittings has been unloaded by the delivery man in the
basement 1 nearer to the Ramp ununiformly that too with broken boxes in water stagnated area since
more possibilities theft, damage & beyond usage which all proves that Siemens poor coordination in
our project without any senior persons available at site.
Hope will organize without any miscoordinations in future & we regret to inform you that this could not
happen in future.
Please revert back immediately before going to reciprocate in the fourth coming bills.
Regards,
Habibullah,
Manager Services,
SP infocity, Chennai.
0 98404 58960
Dear Sir,
This is Dhaga, referred by Mr. Khan [98404 58960] regarding Engineers requirements.
We have got a network, & having team of professional such as fresher, overseas returnees, well
experienced Engineers, Supervisors, Draftsman, Foreman & project admin persons in all categories
especially HVAC, Electrical, Plumbing, Civil, other service related packages. Fees will be very nominal.
If any requirement is there means please do mailing, we will get back to you
Hope we will get business enquiries from You Sir.
Dhaga Aman.
Coordinator
Khelsha Associates.
This is Habibullah Khan [98404 58960], I might have been remembered by this time & thank you much
for remembrance, Now I have come out of Venkataramanan Associates.
Right now I am having a plan to run sub consultancy firm for all packages in Design co ordinations,
Planning, PMC, Facility management & Technical audit as a free lance basis.
Also I am having scope in this throughout India & expecting some business.
Moreover I am having a network, & having team of professional such as fresher, overseas returnees,
well experienced Engineers, Supervisors, Draftsman, Foreman & project admin persons in all
categories especially HVAC, Electrical, Plumbing, Civil, other service related packages. Fees will be
very nominal.
Habibullah Khan
Requisition
Mr. Balamurugan,
Very Shocking.....
This is a story of a young college girl who passed away last month
in Chandigarh .
Her name was Priya. She was hit by a truck.
She was working in a call center. She had a boy friend named Shankar.
Both of them were true lovers. They always talked on the phone.
You used to be never found without her without hand phone. In fact she
also Changed her cell connection from Airtel to Hutch, so that both of
them
Priya's family knew about their relationship. Shankar was very close to
Priya's family as well. (Just imagine their love). Before she passed
Please burn me with my hand phone" she also said the same thing to her
Parents.
After her death, people couldn't carry her body, A lot of them tried to
do so But still cant everybody had tried to carry the body, the results
were
the Same. Eventually, they called a person known to one of their
neighbours,
who Can speak with the soul of dead person and who was a friend of her
father.
After a few minutes, he said "this girl misses something here." Then her
Friends told that person about her intentions to burn her with her
phone. He then opened the grave box and place her phone and sim card
inside
the
Casket. After that they tried to carry the body. It was then moved
All of us were shocked. Priya's parents did not inform Shankar that
Priya had passed away.
Shankar:...."Aunty, I'm coming home today. Cook something nice for me.
Don't tell Priya that I'm coming home today, I wanna surprise her."
Her mother replied..... "You come home first, I wanna tell you something
Very important."
Shankar thinks That they were playing a fool. He was laughing and said
"don't try to
fool Me - tell Priya to come out, i have a gift for her. Please stop
this
Nonsense".
They gave him proof to make him believe. (Shankar started to sweat) He
said... "It's not true. We spoke yesterday. She still calls me.
He showed the phone to priya's family. All of them told him to answer.
It is the actual voice of Priya & there is no way others could use her
sim
(Who can speak with the soul of deal persons) help again. He brought his
"
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Vodafone has the best coverage.
Don't shout at me I am also looking for the person who has sent me this
mail....so what you can do...you should also forward this mail to all