Analysis of claims in public works construction contracts in India

Majority of construction works are carried out through contracts and most of public works in India are modeled on General Conditions of Contract (GCC) formulated by Central Public Works Department (CPWD). Such Public Works Contracts have inherent limitations of being adapted on case to case and thus, are perceived to be rigid and prone to disputes. An attempt has been made to understand and evaluate the relationship between contract conditions and different claims that are usually encountered in construction disputes. An assessment has been done to determine the root cause of various claims with respect to contract conditions with a view of suggesting certain changes in GCC for effective contract management. Twenty two disputes in arbitration from CPWD have been considered and the claims subject to arbitration were studied and analysed. Classification and categorisation of claims was done and frequency of claims, quantum of amount claimed and amount awarded were determined for each type which was then related with the conditions of contract guiding them. Suggestions have been put forward on the basis of limited study as changes that can be made in GCC of CPWD, for avoiding the claims to arise in the first place.