Circumstances that validate the evidentiary value of a No Claim Certificate in Construction Arbitration.
Hon’ble Delhi High Court has stipulated the list of circumstances that the Court/Tribunal should take into consideration while deciding on evidentiary value of No Claim Certificate/endorsements provided by the Contractor.
These are:
👉 Nature of relationship between the contracting parties;
👉Inequality in bargaining power;
👉The dominant position that a party may enjoy;
👉Nature of transaction;
👉Remedies available under the contract.
case title: Case Title: Government of NCT of Delhi v. R.S. Sharma Contractors Pvt Ltd, OMP(COMM) 130 of 2023, Date: 16.08.2023
#construction #arbitration #delhihighcourt #claim #contract #india #contractlaw
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