Title: Extension of Time Disputes in Indian Construction Projects- Legal Insights and Practical Solutions
Author(s): Shubham Singh and Jenish Shah (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
The construction industry has witnessed a significant surge in disputes, primarily attributed to delays in project completion. According to a June 2019 report by the Project Management Institute & KPMG, with help from the Ministry of Statistics and Programme Implementation, about 48% of infrastructure projects in India face delays, resulting in disputes over Extensions of Time. This paper delves into the complexities of extension of time disputes in construction projects, focusing on the Indian legal landscape. By examining key provisions of the Indian Contract Act 1872, this study aims to provide a comprehensive understanding of the legal framework governing extension of time disputes.
Furthermore, the paper analyses landmark judgments from Indian courts, which have set precedents in resolving disputes related to project delays. These judicial decisions serve as guiding principles for effective dispute resolution mechanisms. The study emphasizes the importance of a well-crafted extension of time proposal as a preventive measure, aiming to mitigate disputes before they arise.
By synthesizing legal provisions and real-world insights, this paper not only provides a theoretical foundation but also offers practical recommendations for preparing an ideal Extension of Time proposal. Recognizing the inevitability of delays in construction projects, the study advocates for proactive strategies to navigate through potential disputes, emphasizing the importance of clear contractual terms and adherence to legal principles.
In conclusion, this paper contributes to the discourse on Extension of Time disputes by combining legal analysis with industry perspectives. It seeks to empower stakeholders in the construction sector with the knowledge and tools necessary for crafting effective Extension of Time proposals and navigating the Dispute Resolution mechanism efficiently.
Keywords: Extension of Time [EOT], Delay Analysis, Construction Delays, Delays, Prolongation Claim, Dispute Resolution.
Cite this as: Shubham Singh and Jenish Shah, “ Extension of Time Disputes in Indian Construction Projects- Legal Insights and Practical Solutions” 4 IRIArb (2024).
*The views expressed are of author(s) only.
