Taxmann’s Construction Arbitration by Dr. S.B. Saraswat – 1st Edition December 2020

This book has been conceived to address a particularly pressing aspect of ‘disputes in constructions projects’. It provides a practical guide & follows a very systematic approach, to dispute resolution, through mediation, conciliation and arbitration, under the construction contracts. It covers all aspects of the causes of delay including coverage of delay analysis report, the various disputes, and the arbitration process for satisfactory & faster resolution.

This book is based on issues relating to major EPC projects of process industries such as steel, petrochemical, power plants, etc. It also covers issues relating to  the infrastructure sector in private and public sectors.

This book will be useful for persons involved in construction arbitration, lawyers, project professionals, arbitrators, students and academicians.

The Present Publications is the 1^st Edition, incorporating analysis of problems of the construction sector and their impact along with analysis of 10 case studies while attempting to cull out the necessary principles involved in the execution of the projects. The key features of this book are as follows:

• In the introduction, the current scenario of construction sector has been discussed, along-with the problems faced by them and its impact on country’s growth/GDP.
• [Delay Analysis Report] Project finalization & execution has also been briefly addressed, along with detailed description of possible reasons of conflicts and disputes in large projects. It also includes Delay Analysis Report (‘DAR’) detailing all the delays which take place in construction projects.
• [Preparation of Claims with Examples] Preparation of claims and counter claims has been elucidated (with examples) along-with organizing the evidence for construction arbitration.
• Use of Alternate Dispute Resolution (‘ADR’) mechanism, for dispute resolution has been discussed.
• [Case Studies] are provided, that compare the project execution methodology, concerning private and public sectors and the outcomes of projects.
• [Simple & Lucid Presentation of Text] Technical, contractual & commercial reasons for delay in projects have been described in simple language, which can be understood by lawyers, arbitrators, and laymen working in the construction industry

The contents of the book are as follows:

• Impact of disputes in construction sector
• Ideal needs of successful project execution
• Overview of projects and construction sector in India
• Types of construction contracts – Traditional
• Projects execution in India – Status
• General process of finalization of EPC contract for large projects
• Stakeholders in EPC project
• Analysis and comparison of salient features of different EPC contracts
• Critical examination, comparison and review of major clauses of EPC project contracts
• Brutal global impact of COVID-19
• Force majeure in Indian projects due to COVID-19
• Project monitoring & control
• Pre-requisites for successful completion of an EPC project
• Case studies of project execution detailing the methodology of execution, elements of delay and potentialities of disputes in projects
• Conclusions drawn from the case studies of project execution
• Common clauses of delays in EPC projects
• Preparation of project Delay Reports
• Delay analyzing techniques in construction projects
• Delay in construction contracts – A Legal View
• Construction dispute resolution as per Alternate Dispute Resolution mechanism
• Settlement of construction dispute through Negotiation
• Settlement of construction dispute through Mediation
• Settlement of construction dispute through Conciliation
• Settlement of construction dispute through Arbitration
• Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection
• Claim in a construction project
• Need for evidence in construction arbitration

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