You can file a suit for damages before the civil court as per pecuniary jurisdiction to the claim made
Writ petition and arbitration case may not be maintainable
Maintainability of building construction case
I am working as headmaster of the school.I joined the school in April 2013.Well Before my joining, in November 2012 ,an agreement had been made by then headmaster for construction of kasturba building run under bihar education project of sarv shiksha abhiyan.But departmental engineers made no effort to get the work started----no lay-out was done by them.when I joined the school ,the departmental engineers and the officers began to put pressure on me to start the work.Lay-out was done in june 2013.In the process,it was found that the available land was not sufficient enough to carry on construction work.The agreement was forced to be done without the land having been measured.It was a grave mistake on part of the engineers.In that situation, a new site adjacent to the previous site was searched.It was a vast and big ditch.The then executive engineer changed the design----spread foundation was changed to pile foundation;plain structure was changed to RCC structure. Estimate was also changed.design and estimate was finalized on [deleted].No fresh agreement was executed with me.Before it on [deleted], ,bihar government issued new schedule of rates effective from [deleted].But the estimate was prepared on the basis of rates prevailing in 2011.Between 2011 to 2013,the prices of materials and labour increased drastically.I had to suffer huge loss on account of high increase in prices of materials and labour.It was all due to the fault of engineers on account of which the work started very late.I was not a bit responsible. When measurement book was prepared,it was found that many works had not been incorporated despite the fact that they were in the design and the work was actually done.That again amounted to huge loss.I preferred a writ petition in 2018 in patna high court to direct the department to book the MB on the basis of 2013 schedule of rates which prevailed at the time of making the estimate and incorporate all the items which were left in measurement. But in 2021 my advocate has to withdrew the case as according to him high court was not the appropriate forum to initiate this type of case.He then preferred the case before contract and arbitration tribunal.The tribunal again dismissed the case as to him it was non-maintainable at the tribunal.What should I do now?
Asked 1 year ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
4 Answers
You need to approach the appellate authority after the tribunal if you are agrreived by the order of tribunal
You should have filed civil suit
it is necessary to peruse the terms of contract
if there is arbitration clause then dispute can be referred to arbitration
Dear Client,
Review Case Dismissals: Your lawyer should review the reasons provided by the High Court and the Contract and Arbitration Tribunal for dismissing the case. This information is important to determine the specific grounds on which the cases were found non-maintainable.
Alternative Dispute Resolution: If the cases were dismissed due to being non-maintainable in those specific forums, your lawyer might explore alternative dispute resolution methods such as negotiation, mediation, or even pursuing a different legal approach based on the nature of your claims.
Contractual Obligations: If there was an agreement related to the construction project, it's important to review the terms and conditions of that agreement. If there were provisions related to dispute resolution, they should be taken into consideration.
A suit for damages can be filed in a civil court with pecuniary jurisdiction over the claim. A writ petition or an arbitration case may not be maintainable.
