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ADVOCATE NITIN KAPOOR (Advocate)     07 February 2014

Sub contracts

If there is a delay on the part of the Sub-Contractor, which affects whole of the contract then sub-contractor would be liable for only liquidated damages which is stipulated in contract or more than that or any other???

Please revert with supportive judgement....



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 February 2014

Aforce majeure is an event beyond the control of the parties to a contract, which prevents or delays the performance of a contract obligation in an unanticipated way. Although force majeure events such as labor strikes, bad weather and materials shortages may complicate a construction subcontractor’s efforts to perform on schedule, courts of law are reluctant to excuse a subcontractor’s failure to perform due to such occurrences. After all, the major function of any written contract is to apportion responsibility for both controllable and uncontrollable risks. Courts ordinarily will hold contracting parties to the letter of a written agreement, rather than excuse either party’s performance due to occurrence of a force majeure event.

ADVOCATE NITIN KAPOOR (Advocate)     07 February 2014

Thanks @ramachary ...... do u have any judgement regarding the same.


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