COMPLITION CERTIFICATE-

CLAUSE 8
Within ten days of the completion of the work, the contractor shall give notice of such
completion to the Engineer-in-Charge and within thirty days of the receipt of such notice, the
Engineer-in-Charge shall inspect the work and if there is no defect in the work, shall furnish
the contractor with a final certificate of completion, otherwise a provisional certificate of
physical completion indicating defects (a) to be rectified by the contractor and/or (b) for
which payment will be made at reduced rates, shall be issued. But no final certificate of
completion shall be issued, nor shall the work be considered to be complete until the contractor
shall have removed from the premises on which the work shall be executed all scaffolding,
surplus materials, rubbish and all huts and sanitary arrangements required for his/their work
people on the site in connection with the execution of the works as shall have been erected
or constructed by the contractor(s) and cleaned off the dirt from all wood work, doors, windows,
walls, floor or other parts of the building, in, upon, or about which the work is to be executed
or of which he may have had possession for the purpose of the execution; thereof, and not
until the work shall have been measured by the Engineer-in-Charge. If the contractor shall fail
to comply with the requirements of this Clause as to removal of scaffolding, surplus materials
and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or
before the date fixed for the completion of work, the Engineer-in-Charge may at the expense
of the contractor remove such scaffolding, surplus materials and rubbish etc., and dispose of
the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall have no
claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually
realized by the sale thereof.

33.7 Clause 8 of Forms No. CPWD 7 and 8

(1) According to this clause a completion certificate is to be given by the Engineer-in-charge to a
contractor on completion of the work. No final bill will be accepted from a contractor unless such a
bill is supported by a completion certificate. Further, the date of the completion certificate will determine
the date upto which a contractor can be held responsible for making good damages under relevant
clauses of the agreement.
(2) It has been observed that generally no certificate is given and only the date of completion is noted in
the Measurement Book. Since this practice is not in conformity with the provision of this clause, a
completion certificate must be recorded in the manner detailed under para 30.4 of this Manual.
(3) If, on inspection of the work by the Engineer-in-charge on receiving intimation from contractor, the
work is not found satisfactorily complete, the contractor should be intimated of the defects etc. in
writing, but no provisional completion certificate should be issued.
(4) The date of completion of work is the date on which it is finished, and not the date on which the final
measurements are recorded by the Engineer-in-charge or his subordinate. It will therefore, be
necessary to enable the Audit/Accounts to satisfy itself that the work was completed within the time
prescribed in the contract, to note the date of its actual completion both in the bill of the contractor as
well as in the Measurement Book in which the last measurements are recorded.
33.7.1 Recording of completion certificate after site clearance and measurements
(1) If the contractor fails to remove the scaffolding, surplus material and rubbish, and does not clean up
the dirt from the wood work, doors, windows, walls, floors and other parts of the building, etc. it
should be got removed at the cost of the contractor as laid down in this clause. The completion
certificate should not be given till the site is cleared of all malba, rubbish, etc.
(2) The clause further states that, the certificate of completion shall not be issued until the work is
measured by the Engineer-in-charge. The intention behind the provision is that all the measurements
for works shall be recorded in time. The measurements for works are the most vital details, which
get measured and accepted by both the parties. Delay in the taking of measurements by the Engineerin-
charge cannot of course delay the date of completion, since shelter under this provision cannot
be resorted to for the lapse by the party taking advantage of it. Anyhow, if the contractor delays/
avoids finalizing of measurements, application of this provision will be reasonable.
FORECLOSURE OF CONTRACT-
CLAUSE 13
If at any time after acceptance of the tender, Engineer-in-charge shall decide to abandon or
reduce the scope of the works for any reason whatsoever and hence not require the whole or
any part of the works to be carried out, the Engineer-in-Charge shall give notice in writing to
that effect to the contractor and the contractor shall act accordingly in the matter. The contractor
shall have no claim to any payment of compensation or otherwise whatsoever, on account of
any profit or advantage which he might have derived from the execution of the works in full but
which he did not derive in consequence of the foreclosure of the whole or part of the works.
The contractor shall be paid at contract rates, full amount for works executed at site and, in
addition, a reasonable amount as certified by the Engineer-in-Charge for the items hereunder
mentioned which could not be utilized on the work to the full extent in view of the foreclosure;
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads,
temporary labour huts, staff quarters and site office; storage accommodation and water
storage tanks.
(ii) Government shall have the option to take over contractor’s materials or any part thereof
either brought to site or of which the contractor is legally bound to accept delivery from
suppliers (for incorporation in or incidental to the work) provided, however Government
shall be bound to take over the materials or such portions thereof as the contractor does
not desire to retain. For materials taken over or to be taken over by Government, cost of
such materials as detailed by Engineer-in- Charge shall be paid. The cost shall, however,
take into account purchase price, cost of transportation and deterioration or damage
which may have been caused to materials whilst in the custody of the contractor.

(iii) If any materials supplied by Government are rendered surplus, the same except normal
wastage shall be returned by the contractor to Government at rates not exceeding those
at which these were originally issued, less allowance for any deterioration or damage
which may have been caused whilst the materials were in the custody of the contractor.
In addition, cost of transporting such materials from site to Government stores, if so
required by Government, shall be paid.
(iv) Reasonable compensation for transfer of T & P from site to contractor’s permanent
stores or to his other works, whichever is less. If T & P are not transported to either of the
said places, no cost of transportation shall be payable.
(v) Reasonable compensation for repatriation of contractor’s site staff and imported labour
to the extent necessary.
The contractor shall, if required by the Engineer- in-Charge, furnish to him, books of account,
wage books, time sheets and other relevant documents and evidence as may be necessary
to enable him to certify the reasonable amount payable under this condition.

The reasonable amount of items on (i), (iv) and (v) above shall not be in excess of 2% of the
cost of the work remaining incomplete on the date of closure, i.e. total stipulated cost of the
work as per accepted tender less the cost of work actually executed under the contract and
less the cost of contractor’s materials at site taken over by the Government as per item (ii)
above. Provided always that against any payments due to the contractor on this account or
otherwise, the Engineer-in-Charge shall be entitled to recover or be credited with any
outstanding balances due from the contractor for advance paid in respect of any tool, plants
and materials and any other sums which at the date of termination were recoverable by the
Government from the contractor under the terms of the contract.
A compensation for such eventuality, on account of damages etc. shall be payable @ 0.5%
of cost of work remaining incomplete on date of closure i.e. total stipulated cost of the work
less the cost of work actually executed under the contract shall be payable.
EARNEST MONEY-
19.1 Necessity for earnest money
According to the practice in Central PWD, earnest money is paid by each tenderer to enable the
Government to ensure that a tenderer does not back out of his tender before its acceptance, or refuse to
execute the work after it has been awarded to him.
19.2 When to be deposited
The earnest money is to be deposited by the intending tenderers in one of the acceptable forms as
specified in para 19.4 alongwith their tender documents for a work, and it shall be so stipulated in the NIT
(Form 6). (Modified as per OM/MAN/164)
19.3 Rates of Earnest Money
The amount of the earnest money, which a contractor should deposit with the tender, is regulated by
the following scales. In case of petty works costing Rs.5,000/- or less the Executive Engineer may, at his
discretion, dispense with the conditions for calling for earnest money.
(i) For works estimated to cost upto Rs.Ten crores :
2% (Two percent) of the estimated cost .
(ii) For works estimated to cost more than Rs.Ten crores:
Rs.Twenty lakhs plus 1% (one percent) of the estimated cost in excess of Rs.Ten crores.
19.4 Mode of Deposit
(1) The earnest money may be accepted only in the following forms:
(i) Cash upto Rs.10,000.
(ii) Treasury challan.
(iii) Deposit at Call Receipt of a Scheduled Bank guaranteed by the Reserve Bank of India.
(iv) Banker's cheque of a Scheduled Bank.
(v) Demand Draft of a Scheduled Bank.
(vi) Fixed Deposit Receipt (FDR) of a Scheduled Bank.
A part of earnest money is acceptable in the form of bank guarantee also. In such cases 50% of
earnest money or Rs. 20 lakh whichever is less, will have to be deposited in shape prescribed
above and balance can be accepted in form of bank Guarantee issued by a scheduled bank.
(2) It should be ensured that the FDR is pledged in favour of the tender inviting authority. It is in the
tenderer's own interest to keep the FDR valid as long as it is required. There is no need for the
Department to insist upon the tenderer keeping the FDR valid, since he can encash the FDR
only when it is assigned back to him by the tender inviting authority.
(3) If the banks are closed on the last date of receipt of tenders, the date shall be postponed suitably.
(4) When it is required that the earnest money should be deposited in the Treasury/accredited Bank
direct by the contractor, the Divisional Officer/Sub-Divisional officer should prepare Challan
(Form TR 6/GAR 7 in-duplicate). The classification should be correctly noted in the column
"Head of Account". The earnest money for individual works shall be classified under the Head
"Revenue Deposits". The Challan in-duplicate shall then be handed over to the contractor who
should pay the amount into the treasury or the Bank on behalf of the Divisional Officer/Sub-
Divisional Officer. The receipted challan shall be sent by the contractor along with the tender.
(Modified as per OM/MAN/164)
CPWD WORKS MANUAL 2014 SECTION 19
160 Years of Engineering Excellence 131
(5) The Bank Guarantee submitted as a part of Earnest Money shall be valid for a period of
six months or more from the date of submission of the tender. (Added as per OM/MAN/
169)
19.5 Refund of earnest money
(1) The earnest money given by all the tenderers except the lowest tenderer should be refunded
immediately after the opening of the tenders, or latest within a week from the date of receipt of
tenders. Entry of Demand Draft/Bankers's cheque received as earnest money with the tenders
may be kept in the Tender Opening Register, and these need not be deposited in the bank
except for the lowest tenderer. (Modified as per OM/MAN/164)
(2) The Executive Engineer should periodically review the Tender Opening Register with a view to
ensure that the earnest money is refunded in time. If the tenderers do not come forward to get
their challans endorsed for refund, the challans should be sent to them by Registered Post
within a week after expiry of the prescribed period. It will be the responsibility of Divisional
Accountant to ensure that Earnest Money is refunded to unsuccessful tenderers in time specified
above.
(3) In case where the earnest money is deposited direct into the Treasury or Bank, and receipted
Challan is submitted along with the tender, the amount shall be refunded in the case of
unsuccessful tenders by making requisite endorsement on the original challan as per Rule 630
of the Central Treasury Rules.
(4) In the case of the successful tenderer, the transfer of the amount to the credit of the concerned
CPWD Division shall be got effected as per rule 631 of Central Treasury Rules, and the amount
shall then be noted on both sides of the cash book as receipt from the contractor creditable to
CPWD and payment into Treasury. The amount should be included in the amount of the
consolidated Treasury Receipts for the month to be obtained from the Treasury Officer.
(5) The earnest money deposits of Civil Departments may be refunded under the authority of an
order endorsed by the departmental officer (in whose favour the deposit was made) upon the
original deposit receipt. Under no circumstances, part payment be made.
(6) If the departmental officer desires that an item of earnest money deposit, instead of being refunded,
be carried to the credit of the Government in the Consolidated Fund, he must record the fact on
the Deposit Receipt and in his initial records, and request the Accounts Officer to effect necessary
adjustment in Accounts.
19.6 Earnest money is not security deposit
The earnest money, which a tenderer for a contract is called upon to furnish along with his application
for issue of tender for the contract is not a security deposit within the meaning of rule 45 of the Saving Bank
Rules for depositors. No account can, therefore, be opened for the deposit of such earnest money in the
Post Office Saving Bank.
19.7 Earnest money stipulation in work/supply to be awarded after call of quotations
In case where work/supply is to be awarded on the basis of quotations, and a condition for depositing
earnest money is laid down in the Notice Inviting Quotation (NIQ), the following condition shall be stipulated
in the NIQ:
"The quotation for the work/supply shall remain open for a period of ............... days from the date of
opening of quotations. The Government shall, without prejudice to any other right or remedy, be at liberty
to forfeit 50% of the earnest money if any quotationer withdraws his quotation before that date or makes
any modification in the terms and conditions of the quotation which are not acceptable to the department,
and to forfeit the whole of the earnest money if the quotationer, whose quotation is accepted, fails to
SECTION 19 CPWD WORKS MANUAL 2014
132 160 Years of Engineering Excellence
commence the work/supply specified in the NIQ (along with changes in scope, if any) in the prescribed
time or abandons the work/supply before its completion."
19.8 Forfeiture of earnest money
(1) If any tenderer withdraws his tender before the expiry of the validity period, or before the issue of
letter of acceptance, whichever is earlier, or makes any modification in the terms and conditions
of the tender which are not acceptable to the department, then the Government shall, without
prejudice to any other right or remedy, be at liberty to forfeit 50% of the earnest money absolutely.
This provision would naturally apply only to the lowest tenderer once the earnest money of all
the tenderers except those of the lowest is refunded as per provisions under para 19.5(1).
(2) If contractor fails to furnish the prescribed performance guarantee within the prescribed period,
the earnest money is absolutely forfeited to the President automatically without any notice.
(Modified as per OM/MAN/164)
(3) In case of forefeiture of earnest money as prescribed in 1 and 2 above, the tenderer shall not be
allowed to participate in the retendering process of the work.
2 STOREY UILDING SPECIFICATIONS

SPECIFICATIONS
I. GENERAL
The works under this project shall conform to all the technical drawings, plans and all
specifications here unto stated. All dimensions, lines, grades shall be in accordance with the
National Building Code. Other codes applicable herein shall also be complied with.
The construction shall complete all phases of works as shown in the drawings. The building lines
shall be laid our accurately within the lot and all other measurements shall be correctly verified.
No part of this building with window opening shall be less than two (2) meters from the
boundary of the lot, unless the dimensions of the lot will not allow, in which case a concrete
firewall extending at least five hundred (500) millimeters above the ridge of the roofing shall be
erected on the side in which is less than two meters from the lot line.
II. CLEARING, GRADING AND FILLING
The entire lot shall be cleared and graded to suit the building site that shall be occupying the
highest portion of the lot. The building lines shall be laid in such a way that the bedroom portion
is facing where the sun rises wherever possible. Filling materials shall be done in three hundred
(300) millimeters layer of materials, thorough wetted and tamped.
III. EXCAVATION AND BACKFILLING
Excavation for footing and foundations shall be graded as indicated in the drawings or as
necessary to secure a firm foundation.
IV. CONCRETE HOLLOW BLOCKS
All concrete Hollow Blocks shall be generally accepted brand, passed to the bureau of standards
for installation and sizes shall be 4”x 8” x 16”(100mm) and 6”x8”x16”(150mm)as specified.
All CHB shall be laid plumb, true to line, with level and accurately spaced courses, and shall
reveal corners plumb and true with each courses breaking joints halfway with the course below.
Units shall be wetted before laying; joints shall be 3/8” mortar. The mortar on both horizontal
and vertical joints shall be battered on the blocks at the time of laying not flushed or grouted in
place.
V. PROPORTIONING OF CONCRETE AND MORTARS
All works shall be in accordance with the latest standard specifications for concrete materials, as
adopted by the government, and the following proportions shall be used unless otherwise
indicated.
CLASS “A” (1.2.3) For all elevated slabs, beams, columns and septic tank cover.
CLASS “B” (.1.2.4) For all concrete footings and foundation
CLASS “C” (1.3.6) For all concrete slabs on fill.
Joints and plastering mortar shall be composed of one part Portland cement, and one part gravel
and six (6) part fine sand. Clean water shall be added to this mixture to form a workable paste.
Plastering shall be applied in one coat to a thickness of ¼”1/
2” worked to a smooth finished.
Surface shall be wetted before plastering, and the finished surface shall be kept wet for at least
72 hours.
VI. REINFORCING BARS
The beams, columns, footing and slabssee
structural computation and working plans details.
All structural reinforcing bars shall be at structural grade 40 or any ACI Standards. The septic
Tank cover shall be reinforced concrete slab. The reinforcement shall be 10mm diameter rebars
laid at 6” and 8” on centers both ways and the end vent for anchorage.
VII. LUMBER AND CARPENTRY WORKS
Lumber shall be of the respective kinds for the various parts of the works, well seasoned, free
from large loose unsound knots, sap, cracks, shakes or other imperfections impairing its strength,
durability and or appearance. Some wooden structural and framing lumber maybe rough in
dimensions that are shown on the drawings. All exposed woodworks shall be smoothly planned
and if necessary sand papered.
Use approved good lumber for all rough wood works. All lumber in contact with masonry shall
be treated with approved wood preservatives or termite proofing compound.
VII. SIDINGS & PATITIONS
All main partitions shall be 100mm concrete hollow blocks. Exterior walls shall be 100mm
concrete hollow blocks up to second floor line and 100mm from second floor line upwards.
Except if otherwise indicated, interior partitions shall be 6mm ordinary plywood on wooden
studs.
VIII. DOORS & WINDOWS
All doors, unless otherwise designed and specified, shall be flushed type construction using 6mm
thick plywood. Inside framing shall be of approved quality good lumber, stiles and nails,
mortised and tendon joints and well braced with diagonals placed at corners. Readymade
flush
doors if approved or use shall be of good quality and from an approved manufacturer. Panel
doors shall be of approved good lumber true to the dimensions and designs as specified in the
plans. PVC doors for bathrooms shall be true to the dimensions as shown in the plans. PVC
material shall conform with the Philippine Standard for Materials.
Windows shall be of casement type; 4mm thick clear glass on analok or aluminum frame, and
shall be true to the dimensions and placements as indicated in the plans. Unless otherwise
specified, other windows shall be jalousie type on aluminum frame.
IX. CEILING WORKS
Ceiling shall be Hardilite board on litemetalframes.
Cornice shall be provided as specified in
the plans, along the residential unit only. No ceiling shall be provided along the storage section
of the upper level.
X. FLOOR FINISHES
All floor finishes shall conform to that as specified on the plans. Vitrified floor tiles shall be of
Mariwasa, Lepanto or any approved brand, sizes specified on the approved plans from 200mm x
200mm to 400mm x 400mm. Plain cement floor finish shall conform at locations specified, and
shall be smoothed finished.
XI. PLUMBING FIXTURES
Water closets and lavatories at the residential area shall be of HGC or equivalent brand. Along
the showroom area, American standard or toto brand shall be used. Faucets and shower valves
and heads shall be PP brand or equivalent. Provide adequate water proofing and grouting upon
installed fixtures.
XII. CLOSETS & CABINETRY
Closets and cabinets shall be of 16mm thick ply board construction and docufinished.
Provide
cabinets and closets on all rooms and kitchen counters.
XIII. ROOFING & TINSMITHRY
Roofing shall be of Ga.26 prepainted
long span GI material including all its bended accessories.
Framing shall be of structural steel as indicated in the plans. Provide onesided
aluminumfoiled
insulation on all roof area along the second level ceiling line.
XIV. PAINTING WORKS
All paint works shall be of Premium Welcoat Brand or its equivalent. Exterior walls shall be
Dampproofed
on smooth cement finish. Color shall be provided as per application.
XV. ELECTRICAL WORKS
The electrical installation shall conform to the plans and schedule as specified and shown in the
approved plans. All wiring installation shall be concealed and/or embedded unless other wise
specified to be exposed. Fixtures such as outlets and switches shall be of National Brand or
equivalent. Lighting fixtures shall be of Omni or Philips or Benzel brand. Lighting fixtures at the
residential unit shall be as provided by the owner

DEFECT LIABILITY PERIOD-

This period shall be reckoned in the case of this work as one year from the date of
completion of work and it shall be the liability of the contractor to repair, strengthen or reconstruct any
portion of the work which has shown damage or any defect, arising out of any bad workmanship or
defective material used in the work during this period. In the case of this rectification not being
commenced by the contractor within 7 days from the date of notice from the Engineer-in-Charge and
completed expeditiously the Engineer-in-Charge reserves the right to get the repair work executed at the
risk and cost of the contractor.

A defects liability period is a set period of time after a construction project has been completed during which a contractor
has the right to return to the site to remedy defects. A typical defects liability period lasts for 12 months.
What is the purpose of a defects liability period?
Defects liability periods - also known as rectification provisions - can be of benefit to both parties.
For the contractor, it is likely to be more economical and efficient for it to carry out remedial works itself than to pay the
costs of another contractor hired by the employer. From the employer's perspective, it will not need to hire an alternative
contractor to carry out the work, or to carry out the work itself and reclaim the cost. The employer will also not run the
risk that any warranties provided by the original contractor may be affected by a third party carrying out works on the site.
If there is a contractual right for the contractor to rectify defects, and the employer either does not notify the contractor
that rectification is needed or refuses access to the site, then the employer may be in breach of contract. Case law
illustrates, however, that the contractor will not normally be 'let off the hook' if this happens. The employer will still have a
claim for the cost of rectifying the defects, but the claim is likely to be limited to the amount it would have cost the original
contractor to carry out the works. It will not be able to claim for remedial works or working methods found not to be
strictly necessary.
Employers should therefore give careful consideration to the provisions in the contract before hiring a new contractor to
carry out remedial works. This is especially important if the contract stipulates that the employer must notify the original
contractor that remedial works are needed before it can make a claim for recovery of any costs of rectification.
PREQUALIFICATION-

TECHNICAL AND FINANCIAL BID-

Sealed technical and financial bids in separate envelops are required to be submitted
mentioning the name of the event at the envelope within 10 days from the date of release
of this advertisement. Bidders may note that conditional bids are not allowed and would be
rejected summarily.
Cover 1: Technical Bid: Superscribe the name of the event and “Technical Bid” to include
the following documents:
a. Details of the Bidder:
i. Profile of the company/agency
ii. Track Record – previous experience of handling similar nature of work.

The company must have 5 years work experience in event management

(excluding advertising and printing).
iii. A CA certificate verifying the turnover of the applicant bidder for the last

5 financial years.
iv. Latest Income Tax Return and copy of the PAN Card.
v. Earnest Money Deposit “EMD” for Rs.1,00,000/- (Rupees One Lakh only) in the
form of draft / irrevocable and unconditional bank guarantee in favour of
APEDA, New Delhi. EMD will be returned to the unsuccessful, bidder
after the final selection. For the selected bidder, EMD amount would be
adjusted in the final payment.
b). Details pertaining to the pavilions of the Events.
i. Design of the APEDA pavilion in print and soft copy.
ii. Materials and their specifications to be used for the pavilion and

displays/decoration in the pavilion.

The concept/design of the pavilion with layout, decoration plan etc. as indicated above must be submitted in hard
copy as well as on CD. The sample of the material to be used in decoration must be shown during presentation.

Cover 2: Financial Bid: Should be sealed and superscribe the name of the event and
“Financial Bid”
To include the following documents/details:
1. The Financial Quotation, duly dated, with detailed breakup of each component suggested
separately in Indian Rupees only. No lumpsum amount shall be considered.

2. The financial bid should be inclusive of all applicable taxes. The selected vendor will be
asked to submit the invoice mentioning applicable taxes separately.
The outer sealed cover containing cover 1 and cover 2 as indicated above should be
superscribed with “Technical and Financial Bid for AAHAR 2013, and should have the full
name, Postal Address, Fax, E-mail, Telephone number of the bidding agency.
SELECTION PROCEDURE
A Committee in APEDA will carry out a preliminary screening of the bidders and will shortlist
the bidders fulfilling the prescribed requirements. The short listed bidders will be required to
make technical presentation before the selection committee.
The presentation Areas Score/Weight age
may bring out their
suggestions on the
following areas: S.
No.
1. Overall concept and 30
design
2. Significant portrayal 20
of theme area
3. Use of innovative 10
materials to lend the
common area a
modern
contemporary look
4. Co-ordination with 10
the show organizers

LONG WALL- SHORT WALL-

There are two methods for taking out quantities of various items of works to prepare a building estimate:

1. Separate or Individual Wall Method

In this method, the external lengths of walls running in one direction out to out are taken first from the given
drawings and then internal lengths of wall running in transverse direction are taken into in. The lengths are then
multiplied by width and height or depth to take out the quantities. It is better to draw plan of each wall at
foundation level and dealing each one separately. Calculation of brick masonry in foundation is done separately
for each step because width of each step varies. Offsets of the outer walls in foundation masonry are added and
in case inner walls subtracted. Thus it shall be seen that the long walls gradually decrease in length while short
walls increase in length from foundation to superstructure. This is simple and accurate method for calculating
the various quantities of items.

2. Center Line Method

In this method, the lengths at center lines of all walls worked out. Total length of all long walls of same size and
similarly short walls of same size and type of foundation is worked out and this total length is multiplied by;
breadth and height or depth of wall to calculate the total quantities. Total lengths in this case remains the same
in all types of calculations i.e., in foundation, in all steps of footings and in superstructure. No doubt, this
method is quick as compared to the method described above but there may be mistake of calculations
particularly at junction. For each junction half breadth of the respective item of footing is to be deducted from
the total center length. Thus in case there is one partition wall which have two junctions, deduct one breadth of
trench or concrete from the total center length i.e., half breadth for each junction. If there are two partition
walls, then two breadths are deducted against four junctions.
A building having different types of walls requires more attention because every wall is to be taken separately.
Total length of each type of wall is worked out separately for making calculation.

TIME IS THE ESSENCE OF CONTRACT-

1. WHEN TIME IS THE ESSENCE OF THE CONTRACT
When time is the essence of the contract, non-performance of the contract in time would
frustrate the purpose which the parties have in mind, and therefore, if in such case, there is
delay in the performance by one party, the other party has a right to avoid the contract.
Determining whether time is of the essence of contract or not
Whether time is the essence of the contract or not depends on the intention of the parties. The
parties either expressly or by their conduct can make time as essence of the contract. If the
parties have not expressed their intention, then it depends on the nature of the contract. In a
contract of sale of goods, "unless a different intention appears from the terms of the contract,
stipulations as to time of payment are not deemed to be the essence of a contract of sale.
Whether any other stipulation as to time is the essence of the contract or not depends on the
terms of the contract.6
6 Section 11, Sale of Goods Act 1930
When the time of performance is the essence of the contract and the same is extended, the
extended date is also the essence of the contract. When the prices of the goods are subject to
rapid fluctuations, the time of delivery is deemed to be the essence of the contract.
In case of sale of immovable property, the time is generally not the essence of the contract. In
contracts for the sale of immovable property," mere incorporation in the written agreement of a
clause imposing penalty in case of default" does not by itself evidence an intention to make the
time the essence. Intention to make time the essence, if expressed in writing must be in
language which is unmistakable; it may also be inferred from the nature of the property agreed
to be sold, conduct of the parties and the surrounding circumstances at or before the contract.
Where agreement in clear terms had specified that it was to be performed within six months
else earnest money would stand forfeited. Time was said to be the essence of contract. 9
It is clear that in the case of sale of immovable property, there is no presumption as to time
being the essence of the contract. Even if it is not of the essence, it is ruled that the Court may
refer that it is to be performed in a reasonable time if the conditions are evident -
i). from the express terms of the agreement;
ii). from the nature of the property; and
iii).from the surrounding circumstances for example the object of making the contract.
When performance within specified time not insisted
If the agreement does not insist performance within a specified time, the time may not be the
essence of the contract.
Extension of time
The promisee in a contract may make certain concessions to the promisor under Section 63
and one of such concessions is to extend the time specified for the performance of the contract.
But there cannot be any unilateral extension, i.e., the extension of time occurs only by the
agreement of the two parties.
In a contract for the supply of goods if the buyer has allowed extension of time to the seller, the
seller should then supply the goods within a reasonable time. In such a case, the buyer can
refuse to grant extension beyond a certain time.
When time is the essence of the contract, mere extension of time may not affect his stipulation,
and the extended time may now be the essence of the contract instead of the time originally
fixed.
It has thus been held that although the time of performance may be originally fixed, the same
could subsequently be extended. Performance in accordance with the extended time is deemed
to be proper performance.
Right to avoid contract if delay in performance
When time is the essence of the contract, it is expected that the promisor would perform the contract within the
stipulated time. On his failure to do so, the promisor has the right to avoid the contract.

Right of compensation - an alternative remedy

In the event of delayed performance, although the promisee has a right to repudiate the
contract, but he is not bound to do so. If he so likes, he may avail of the alternative remedy.
Instead of avoiding the contract, he may claim the compensation for the loss which results
because of the performance at a different time.
8The remedy of claiming compensation is available only if, while accepting performance at a different time, the
promisee gives a notice to the promisor of his intention to claim compensation. If no such notice is given, no
remedy is available to the promisee in spite of the fact that the performance has not been made at the proper time