JKPCC Vs. DESIGN FORUM

JUDGEMENT

(1.) For construction of an engi-neering college at Jammu, applications were invited from the architects for providing drawing and design of the said college. It was an open architectural competition whereby the consultants were required to submit their rates, terms and conditions for rendering consultancy services for the construction of the said building. The rates, terms and con-ditions were submitted on 23rd of April 96 and 13th of May 96. The claimant was ap-pointed as consultant for the above project on the terms and conditions mentioned in the letter of appointment. After the acceptance of the terms and conditions, the claimant sub-mitted the revised master plan for the work on 21st of June 1996, which was approved by the Principal of the College and final drawings were submitted by the claimant on 27th of June 1996. Consequently, a formal agreement was executed on 6th of Sept 96, and the letter of appointment was made and integral part of the contract.

(2.) The work for such consultancy was al-lotted to the claimant by providing 2.5% of the total value of the contract for preparation of master plan, architectural, structural ser-vices including water supply, plumbing etc. The mode of payment was required to be made in eight stages, which are as under:

(3.) For purposes of addressing the contro-versy as raised in the present petition, clauses 2 and 5 of the agreement are relevant. These be noticed as under :-