Legal issues and disputes in construction sector


EOI: 10.11242/viva-tech.01.05.020

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Citation

Ms. Mr.Prasad Pawar, Ms. Mr.Varun Raut, Ms. Mr.Vishal Rathod, Mr.Shahfaraz Shaikh, "Legal issues and disputes in construction sector", VIVA-IJRI Volume 1, Issue 6, Article 20, pp. 1-6, 2023. Published by Computer Engineering Department, VIVA Institute of Technology, Virar, India.

Abstract

As there are multiple types of construction contracts like lump- sum contracts, time and material (T&M) contracts, cost- plus contracts, unit price contracts, amongst others, there arise several issues like complicated attestation in the construction contracts, long- duration of construction systems, inconsistent terms in the documents which may beget issues and farther lead to controversies. In India, there are colorful honored styles to resolve controversies arising out of construction contracts, including resolving controversies by way of court action, arbitration, agreement, concession, disagreement resolution boards and judicial agreements. To avoid issues, controversies and losses, the parties entering into a contract must always formulate and subscribe a construction contract. An existent must take expert legal advice on similar matters as soon as possible.

Keywords

ADR, Arbitration, Contracts, Construction, Disputes, Legal issues

References

  1. Emre Cakmak and Pinar Irlayici Cakmak, An Analysis of Causes of Disputes in the Construction Industry Using Analytical Network Process, Volume 109, 8 January 2014.
  2. KunkunTu, Xiaoqing Wang, Lizhuo Kong, Huanjun Chang, JunliangLiu,“Fabrication of robust, damage-tolerant superhydrophobic coatings on naturally micro-grooved wood surfaces”,RSC Advanced manuscript
  3. JAli Shash and Salah I. Habash, Disputes in Construction Industry: Owners and Contractors Views on Causes and Remedies, Journal of Esngineering Project and Production Management 11(1):37-51, January 2021.
  4. Amarjit Singh, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, ISSN (print): 1943-4162| ISSN (online): 1943-4170, February 2009
  5. Er. Shrishail Shirur and Suwarna Torgal, Indian Construction Industry: Challenges for the Construction Managers, IOSR Journal of Business and Management (IOSR-JBM) e-ISSN: 2278-487X, p-ISSN: 2319-7668. Volume 16, Issue 4. Ver. III (Apr. 2014), PP 65-69
  6. Deepankar Sharma and Priya Bhatnagar, Risk Allocation & Subsequent Legal Issues in Construction Contracts, SSRN-id2403045, 2 March 2014.
  7. Nishith Desai, Construction Disputes in India, April 2020
  8. S.A. Tupsakhare and S.M. Khadilkar, Problems and prospects for real estate industry in India post RERA, Vidyabharati International Interdisciplinary Research Journal 11(2) 195-200 ISSN 2319-4979, December 2020
  9. Justin Sweet and Marc Schneier, Legal Aspects of Architecture, Engineering and the Construction Process, St. Paul: West Publishing Co., 1970. Pp. 953, 1 January 2012.
  10. Chandan Ghosh, Ranit Chatterjee and Rajib Shaw, Enforcement of Building Construction Regulations in Urban Centres of India, Disaster Risk Governance in India and Cross Cutting Issues pp 315–337, 05 August 2017.
  11. Amit Kumar Sinha, Abhishek Soni and Madhavi Prajapati, An Overview on the Indian Real Estate Sector, International Research Journal of Engineering and Technology (IRJET) e-ISSN: 2395-0056, p-ISSN: 2395-0072, Volume: 07 Issue: 04 April 2020.
  12. Dr. Bhartendu Kr. Chaturvedi and Mr. Ayush Sharma, Anticipating and Gearing up real estate sector in India, International Journal of Business and Management Invention, ISSN (Online): 2319 – 8028, ISSN (Print): 2319 – 801X, Volume 4 Issue 5, May 2015.
  13. Ramanigopal, Mani and Nandha Kumar, Legal issues and challenges in Real Estate Valuation, International Journal of Scientific & Engineering Research, ISSN 2229-5518, Volume 10, Issue 11, November-2019.
  14. Sanchit Gupta and Sandeep Chaudhary, An overview of legal perspective, governing organizations and development patterns, Journal of Cleaner Production, Volume 261, 10 July 2020.