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Hyderabad ,10TH, OCTOBER, 2020 :Contract Administration involves activities to meet requirements of a contract from the time it is awarded until the works are completed and include the subsequent discharge of the contract.Good contract administration by contractors ensures that their rights and obligations are properly documented and recorded and ready for use in time of needs.This Seminar will focus on what to do or how to do daily routine of contract Administrators.OBJECTIVES is To understand the construction disputes in Legal Tendering and Post tendering; Organize and systematic approach to administration of contracts; Adopt know how to different from of contract.
In his welcome address Shri Rajiv Reddy, Chairman Southern council, Indian Chamber of commerce said,
“Time and cost overruns in construction projects has become a ubiquitous feature of the industry. Significant factors that have been identified as contributing to time and cost overruns in Indian construction projects are rework, variations, incorrect design and incomplete documentation, and late authority approvals. As a result of such issues arising in projects, conflict and disputes may occur, which can lead to the disruption of construction schedules, increased project costs, and even adversely influence relationships between project participants. Thus, addressing disputes in construction contracts has now become important for successful execution and completion of the construction projects. If a dispute is not resolved promptly, then it may escalate, and ultimately require litigation proceedings, which can be extremely costly for the parties concerned.Alternative Dispute Resolution (ADR) mechanism such as arbitration, mediation and conciliation provides the ultimate platform to address disputes within contracting parties as it save costs, keeps track of time and reinforce a committed working relationship. Hence, enhanced ADR practices is most well-suited for companies involved in mega Engineering, Procurement & Construction (EPC) projects such as power, roads, bridges, city infrastructure, ports, airports, telecommunications to successfully redress their disputes.The infrastructure sector has become the biggest focus area for the Government of India. India plans to spend US$ 1.4 trillion on infrastructure during 2019-23 to have a sustainable development of the country which would provide a huge boost to the construction industry as a whole.In Telangana, the State Government has proposed to spend Rs 50,000 crore in in the next five years to develop Hyderabad City as an international city. An amount of Rs 10,000 crore is allocated during 2020-21 to carry out projects and development works in Hyderabad Urban Agglomeration area.Thus, it becomes imperative to understand the dynamism of ADR mechanisms in construction industry for successful of completion projects in order to have an impeccable growth of the industry and the economy as well.The ICC, even in these trying times, through its webinars, has been actively involved in knowledge sharing regarding different sectors of economy as well as different aspects of business. Today, this webinar is organised as an attempt to propagate the technicalities of ADR Methods so that contracting parties are aware of a proper methods that would resolve their dispute amicably and quickly.
”In his inaugural address Shri J.L.N. Murthy, Region head, THE INTERNATIONAL CENTRE FOR ALTERNATIVE DISPUTE RESOLUTION (ICADR), REGIONAL CENTRE, HYDERABAD, said
“Construction sector disputes are go to erase while executing contracts by the parties. Contractual problems is an important dispute cause in construction industry other common disputes are delay in work progress, time extension, indicated or incomplete in specifications quality of design and design errors and many more like this. These issues are generally occurring since many construction projects are complex in nature inability in contracts governing are also complicated.I thank once again ICC for giving this wonderful opportunity to join with them when drafting the contract in the particular dispute resolution claws they are number of resolution methods had this are negotiations, mediation and expert determination and arbitration. For the survival of democracy and smooth functioning of judicial system in our country to promote the alternative disputes methods such has arbitration mediation and conciliation etc. . So that some of the issues can be resolved outside the formal court systems which will help reduce the burden of the court.Arbitration mediation and conciliation are wonderful things which will change the sinario has brought more investment to India and also very support to the business people so that they need not go to the court and they need not go to lawyers but only thing that they disputes can be resolved in a such a manner they them self will be able to take a technical a lawyer support and address their disputes in an arbitral tribunal. Fast rack method of arbitration which can be closed in smaller issues within 6 months is also in in place now.”
In his keynote address Mr. Vilas Shah, Advisor, Centre for Management Studies, Administrative Staff College of India, said
“In the construction contacts risk division the route fall of the disputes. The contractor has not much choice to design the contracts at the same time lot of risk are controlled and they have to cleared from government departments. In such cases if the risk materials from the contractor whereas all the rules by the government to arrest the risk. So that risk management is very important in India to avoid such disputes. I would suggest contractor today that what we have look at the risk management in way that and it is a high time in India the risk management documenting the risk etc in an very professional manner.We can take care of the future disputes and we can work towards avoiding disputes.Arbitration contracts are time consuming and that is where you should look at the types of arbitration contracts are awarding is it sitting based this is where we should something look at.One more important aspect is that what is the cost of dispute have we documented the cost of dispute the moment dispute arises there is definite cost that is incurred by both the sides at end we may come to consultation both the parties were suffer and the dispute was not worth and time has gone .Even documenting all this we can be wise in the future that what is the dispute that is worth we are fighting for otherwise what is the best negations settlement model we should also have mindset of negotiating the settlement.Dispute is not desired by anybody and nobody been in a dispute ultimately it only a question of who has a major lose in dispute so avoiding dispute is the best way of takliing a dispute.”
In his vote of thanks Dr. Y. Kiron Kumar, Chairman Southern council expert committee, Indian Chamber of commerce said,
“I think the Session could successfully capture the dynamics of “Construction Disputes Resolution in Legal Tenders and Post Tendering”. Here, I would like to highlight a few salient points.Disputes are one of the main factors which prevent the successfully completion of the construction project. Thus, it is important to be aware of the causes of disputes in order to complete the construction project in the desired time, budget and quality.In India there have been a slew of changes which were implemented by the Arbitration and Conciliation (Amendment) Act 2015 (2015 Amendment) which has brought in stricter timelines and reformed the arbitral procedure to a large extent. When both dispute values and the time taken to resolve disputes increases there is a need for better contract administration and more stout documentation is needed for employers, contractors and subcontractors to better knowledge of their contractual obligations.I hope this web session will act as a bridge for enterprises, business associations and other concerned agencies to understand and explore the clauses and regulations of Arbitration proceedings and effective mechanism for resolving.”