๐Ÿ‘‰ Similar approach was followed by different courts such as the United Arab Emirates and the hongkong.

The Hong Kong High Court in
Hing Construction Co Ltd v Boost Investments Ltd
expressly approved and followed the City Inn judgment of the Scottish Courts.

Law in India:

๐Ÿ‘‰ The law regarding the delay in performance of the contract is codified under the Indian Contract Act 1872, section 55 and 56.

๐Ÿ‘‰ If the delay is caused in the completion of the contract and for such delay, a belated performance is accepted by the contractor then he would not be entitled to any claim for any loss caused by non-performance for such reciprocal promise unless a notice regarding the same has be delivered to the employer.

๐Ÿ‘‰ Under the Indian law where the contractor has agreed not to claim any damages as a result of delay in completion of the project, the contractor can still be entitled to damages under some situation like when the contractor repudiates the contract under section 55 of the Indian contract act or if the employer gives extension of time by entering into to supplement agreement and making it clear that the escalation cost would be paid.


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