JOJI JOSEPH Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) Petitioner is a contractor registered with the State Government. Petitioner has entered into Ext.P1 agreement for construction on 24.05.2016. A period of two years was fixed for completion of the work from the date of handing over the site.

(2.) According to the petitioner, as per Ext.P2 it is evident that, the site was handed over only on 09.09.2016. Therefore, the period expires on 08.09.2018. However, in the interregnum, revised estimate was prepared for extra items on 20.08.2017 and accordingly, Ext.P5 supplementary agreement was executed on 08.12.2017, and the work was commenced again on 11.12.2017.

(3.) Case projected by the petitioner is that, in view of the delay, Ext.P7 application was submitted seeking to substitute the date of handing over of site from 09.09.2016 to 11.12.2017, which was rejected as per Ext.P8 on the ground that, there is no provision to undertake such an exercise in the PWD manual. Thereupon, petitioner was served with Ext.P10, directing the petitioner to submit an application seeking extension of time. Case projected by the petitioner is that, petitioner has sought for substituting the date of handing over the site, since, in accordance with the provisions of the PWD manual, petitioner is entitled to get 1% incentive if the work is completed within the time fixed under the contract.