Legal Question in Real Estate Law in India

effect of contract terminated after tender process completed

When a contract for construction is awarded to a builder by the organ of the Government after a tender process is it legal for the government organ to unilaterally terminate the contract due to hike in prices. Any case laws to substantiate this. Pls advice


Asked on 12/07/04, 8:21 am

3 Answers from Attorneys

Vivek Mapara Mapara Law Firm

Re: effect of contract terminated after tender process completed

Sir,

It would not be a legal or a justified action of the govt. organ, who after awarding tender terminates it without any flaw or breach from the opposite party, for what so reason may be. Such an arbitrary action can be challenged before court as "Breach of Contract" and compensation can be availed for the same from the concerned govt. authorities.

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Answered on 12/12/04, 2:38 am
G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: effect of contract terminated after tender process completed

A contract can be terminated unilaterally subject to the terms of the contract expressly provides for the same or if there is any breach of contract by the other party. In the present case if the hike in price which is not the subject matter of the contract and not as agreed upon between the parties then it can be termed as a violation of contract terms and the other party can terminate the contract. However, the above view is not conclusive and it opens to modification on seeing the terms of the contract and a case study. If you wish to have a clear view on the subject kindly send a copy of the terms of contract after calling the contact number 55461484.

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Answered on 12/08/04, 12:50 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: effect of contract terminated after tender process completed

It all depends on the terms and conditions of the contract expressly agreed upon and under what circumstances the contract can be terminated and hence it is advisable to get the contract vetted thru a legal counsel.

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Answered on 12/08/04, 2:33 am


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