Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Advertisement regarding tenders for number of projects--Issuance of work order--Completion of project--Delay in completion of project--Application for escalation amount--Rejected--Provision of arbitration clause--No application for grant of time extension for completion for project--If contractor desired extension of time for completion of work on ground of his having been unavoidably hindered in its execution or any other grounds he shall apply in writing to Divisional Officer within 30 days of date of hindrance on account of which extension is desired--Extension for time has neither been applied, nor granted case in hand--Had extension been granted for completion of work, then justification for its delay may have been claimed to be not on part of petitioners--When contractors have not been granted any extension of time, then it is difficult for this Court to determine as to whether or not it has been fault of petitioners that work could not be completed in given time--Even otherwise, determination of this question requires a factual inquiry which is beyond scope of adjudication in constitutional jurisdiction--An arbitration clause had also existed in terms and conditions of contract--Clause-25 of contract provided a complete mechanism for dispute resolution, but said clause had never been resorted to by petitioners in present case--Petition was dismissed.                                                                                  [Pp. 19 20] A, B C 1999 SCMR 121, 2010 SCMR 1057 and 2007 SCMR 105 ref. JUDGMENT Wiqar Ahmad, JUSTICE s have filed the instant constitutional petition after feeling aggrieved from denial of respondents in paying them the escalation amount. 2. Respondent No. 5 i.e. Deputy Director Works Services Department Dir Lower at Timergara had invited tenders for a number of projects through a consolidated advertisement published in daily newspaper on 13.3.2007. Contract for one of the work…

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