Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
Madireddy Brahmam Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. challenging price adjustment non-compliance (Para 1 , 2) |
| 2. dispute on entitlement for price escalation (Para 4 , 5) |
| 3. court's analysis of price escalation applicability (Para 6 , 8 , 9 , 10) |
| 4. writ petition dismissal due to lack of merit (Para 11 , 12) |
ORDER :
1. Through this writ petition, the writ petitioner sought to challenge the action of the respondents in not escalating/adjusting the price of steel, cement, labour and other materials as per G.O.Rt.No.111, T, R&B Department, dated 28.02.2024, G.O.Ms.No.94, T, R&B Department, dated 16.04.2008 and G.O.Ms.No.35, T, R&B Department, dated 30.01.2009 for the work covered under L.S. Agreement C.R.No.61/2020-21 entered into between the petitioner and respondent no.3, dated 23.12.2020.
2. The brief facts are that the petitioner was the successful bidder of the e-procurement Tender Notice no.38/T.O/2020-21, dated 09.09.2020 called for the purpose of construction of Court halls for VI Additional District & Sessions Judge & Senior Civil Judges Court, Markapur and accordingly an agreement was entered into by the petitioner with respondent no.3 on 23.12.2020, as per which the work has to be completed within 15 months i.e. b
A contractor cannot claim price escalation if the work execution exceeds stipulated timelines and lacks a price adjustment clause in the contract.
A contract's timelines affected by mutual agreements for delays allow claims for price escalation under applicable clauses, establishing equity in contractual relations with state entities.
Court directs consideration of contractor's price escalation claim due to war-induced bitumen price rise, following prior precedents.
The suit was within limitation as the cause of action accrued upon the non-payment of the final bill, and not completing the price escalation calculations per the contract terms invalidated the defen....
The main legal point established in the judgment is the entitlement of the petitioner to escalation cost under the contractual provision of Clause-32(a)(b)(c) despite the submission of a 'no claim ce....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
