• To create awareness on contracts for construction industry, impart knowledge on tender preparation, tendering process, laws on arbitration, arbitration procedure and laws on dispute resolution in India.
UNIT I INTRODUCTION TO CONTRACTS IN CONSTRUCTION INDUSTRY
Brief details of engineering contracts -Definition, types and essentials of contracts and clauses for contracts – Preparation of tender documents and contract documents – Issues related to tendering process- Awarding contract, e-tendering process – Time of performance – Provisions of contract law – Breach of contract – Performance of contracts – Discharge of a contract- Indian contract Act 1872 – Extracts and variations in engineering contracts – Risk management in contracts.
UNIT II LAWS RELATED TO CONSTRUCTION INDUSTRY
Labor and industrial laws – Payment of wages act, contract labor – Workmen’s compensation act – Insurance, industrial dispute act- Role of RERA
UNIT III ARBITRATION OF ENGINEERING CONTRACTS
Background of Arbitration in India – Indian Arbitration Act 1937 – UNCITRAL model law -Forms of arbitration – Arbitration agreement – Commencement of arbitral proceedings – Constitution of arbitral tribunal – Institutional procedure of arbitration -Impartiality and independence of arbitrators jurisdiction of arbitral tribunal – Interim measures – Enforcement of awards.
UNIT IV NEGOTIATION, MEDIATION AND CONCILIATION
Concepts and purpose – Statutory back ground ADR and mediation rules – Duty of mediator and disclose facts – Power of court in mediation.
UNIT V ALTERNATE DISPUTE RESOLUTION
Structure of Indian Judicial – The arbitration and reconciliation ordinance 1996 -Dispute resolution mechanism under the Indian judicial system – Litigation in Indian courts – Case studies.
TOTAL: 45 PERIODS
On successful completion of the course, students will be able to
• understand the laws on contracts for construction industry in india
• apply knowledge of contracts in preparation of contract document and tendering process
• apply appropriate methods to assess the critical factors in contracts leading to arbitration and disputes between the parties
• suggest suitable type of arbitration or dispute resolution for the situation of problem