Construction Law/Claim for change in subsequent legislation
Can you please guide if it is mandatory to send notice of 53.1 for the claim of the Contractor as per clause 70.2 in case of change in GST. Actually in our case, the notice period of 28 days have passed because we have still not figured out how to work out the claim for change in GST from 16% to 17%.
Moreover, can you please guide how we can prepare the claim for the above mentioned reason?
THANK YOU FOR THE QUESTION WHICH IS QUITE INTERESTING AND IS A DISPUTE ON A PROJECT WHERE I AM MEMBER DAB .I HAVE FOLLOWING TO COMMENT INITIALLY
1.YES,IT IS BUT IT IS NOT CONDITION PRECEDENT AND STILL ENGINEER CAN CONSIDER IT UNDER CLAUSE 53.4
2.FIRSTLY ,IT IS CONTEMPORARY RECORD PARTICULARLY THE INVOICES SHOWING LEVY OF 17% ON ITEMS PURCHASED.THERE ARE TWO TYPES OF ITEMS NOW I.E.SPECIFIED MATERIALS AS PER CLAUSE 70.1 AND GENERAL ITEMS.THE SPECIFIED MATERIALS SHALL BE CLAIMED IN THE USUAL WAY BUT FOR OTHER ITEMS THE POSSIBILITY IS NOT SO EASY AND YOU HAVE TO PROVIDE MORE INFO AND DESCRIBE TO COMMENT UPON.
BY THE WAY WHICH TYPE OF PROJECT YOU ARE WORKING ON AND CLIENT?