Construction Law/Claims


QUESTION: Can a contractor raise a claim if he is not allowed to claim as per the contract? For a lump sum contract, our client is asking us to make a contract conditions which prohibits the contractor to claim at any later stage.


Sachin Mate

ANSWER: Dear Sachin
Hello,Happy new year to you.
I am replying your question as below;
If the contract conditions are not allowed for claim, Contractor can not raise a claim. In other way, we can say that ; contractor's claim can not be consider, if contract conditions are not allowed.
With best regards
Sanjay Khandelwal

---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Sanjay,

Happy new year to you and thanks for the reply.

Actually, someone from Law field has told me that as some section of ICA 1872, it is the legal right of the contractor to go for claim even if it is not stipulated in the contract.

I mean that even if the contract conditions does allow for claim but what would happen if there is a breach of contract ?



Dear Sachin
It is great pleasure to listen you again.
Out of the contract your claim will be admissible on merit basis as per provision of contract agreement for dispute resolution.
If conditions are allowed for claim,claim not paid by the client then the matter should be resolve as per provision of dispute resolution clause of contract agreement.
With due regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal


I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.


I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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