Law: Contract Act (IX of 1872)

Section: 70

Law: Qanun-e-Shahadat (10 of 1984)

Section: 15

Contract Act (IX of 1872)- S---70---Claim  for  compensation  for  additional  work  done  by  the contractor---Contractor was awarded contract for repair of roads in specified area---Rates for bitumenous premix carpetting which was required to be done were settled between parties with reference to composite schedule of rates--Contractor claimed that in addition to said work, Department also got executed additional work of seal coat for which no rates were given, therefore, was entitled to recover specified amount for such additional work---Contractor, however, failed to produce any independent evidence to establish that in fact, work of seal coat was as an additional work which was got done by the Department---No addendum slip was admittedly issued to contractor nor any order was issued separately to confirm the alleged order for seal coat---No entries in measurement book were made of said additional work of seal coat--Merely because another department, while granting contract for bituminous premix carpetting also included in the order granting the contract, the item of seal coat also for which contractor was made the payments, was no ground to raise inference that Department would have also got said work of seal coat done---Provision of S. 70, Contract Act, 1872, was not applicable for the essential requirements thereof, that the person against whom claim was raised was not in a position either to restore the thing done in case he intended not to pay compensation for anything done or delivered to him, were missing--Contractor, thus failed to prove his entitlement for recovery of specific amount for additional work allegedly done by him. State of West Bengal v. M/s. B.K. Mondal and Sons AIR 1962 SC 779 ref, Contract Act (IX of 1872)-- ----S. 15---Qanun-e-Shahadat (10 of 1984), Art. 114---Plea of coercion, strain and estoppel ---Contractor receiving payment of final bill without raising objection regarding payment for the additional work allegedly done by him--Contractor also did not plead any such fact (coercion and strain) in accepting final bill without objection---Contractor's  attorney  even …