Kattumaanap Poriyaalar october 2013 | Page 47

(f) Disagreement over measurements : These should not occur at all, as, if the principles stated in Chapter 16 are followed, that is, the system of measurements to be adopted is stated in the contract document, and is followed, and standard measurements are mutually evolved, for the various buildings and items, before the start of works, there should be no dispute. However, disputes have arisen and the parties have gone to court and the court has appointed a Commissioner (a lawyer) to supervise recording of measurements at the site. This does not improve matters as a highly technical work is to be done under the supervision of a non technical person. (g) Performance of the Contractor during the Defects Liability Period : The Contractor is required to repair, replace defective works which occur during the Defects Liability Period of 6 or 12 months, at his own cost, if these are attributable to defective materials or poor workmanship used in the original construction. Most contractors show the least interest in this work and the good relationship established between the Owner and the Contractor is spoiled on this account. These is over expectation on the Owner’s part and under performance on the Contractor’s part. These are three ways to resolve disputes arising on this account (a) the Contractor takes care of the repairs or rectification promptly, (b) he agrees to forfeit the unreturned Security Deposit lying with the Owner and Owner takes care of all the rectification or repair works as the money is lying with him, or (c) they both agree that the Owner will have the repairs or rectification carried out of the Contractor’s Security Deposit lying with him and pay the balance amount, if any, to the Contractor at the end of the Defects Liability Period. What happens when disagreement becomes a dispute? In such an event, the matter goes for Arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. The contract document specified that the two parties can agree to appoint a single Arbitrator or each party appoints its own Arbitrator and an Umpire is also appointed. The parties have to go to the court for approval of the Arbitrator/Arbitrators, the terms and conditions of their appointment, the Scope of Work, and the payment to be made and the time period by which the Report should be submitted. Both the parties have to cooperate with the Arbitrator/Arbitrators fully and produce the documents called for and arrange for site visits if required. Then the Arbitrator’s work will be successful. The Contractor usually maintains records/documents properly and has no difficult in producing these before the Arbitrator. But the Owner, if he is not a Government Organization or a Corporate Body, does not maintain documents and loses out. The Arbitrator has to take notice of this aspect in making his award and not make one party suffer for not really being at fault. Great care is therefore to be taken in the appointment of the Arbitrator. The parties have to è submit the Report of the Arbitrator to the court and have the necessary orders issued for execution. † 9. Labour Laws applicable to construction : Anybody who employed Labour at a site either ´ directly or through a labour contractor, is responsible for all matters concerning provision of ñ facilities, payment of wages etc. It is not only the Contractor but also the Owner who is £ ù responsible. The permission from the Labour Deportment or other concerned Agency is issued in Š the name of the Owner. Therefore he should know the applicable laws and insist that the Contractor work within these laws. Some of the applicable laws are listed below and discussed. ªð (a) Payment of Wages Act : This law makes it compulsory for the Employer to pay the wages £ regularly at the appointed intervals and not adjust it against any other dues from the person P unless it is related to wage advance etc. For details refer to Nabhi’s Labour Laws : One Should ò £ Know. ÷ ˜ fl;Lkhdg; nghwpahsh; 49 mf;Nlhgh; 2013