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Owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents
Owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents
“15. We may add that the owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents. The constitutional Courts must defer to this understanding and appreciation of the tender documents, unless there is mala fide or perversity in the understanding or appreciation or in the application of the terms of the tender conditions. It is possible that the owner or employer of a project may give an interpretation to the tender documents that is not acceptable to the constitutional Courts but that by itself is not a reason for interfering with the interpretation given..."
Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., (2016) 16 SCC 818
Interpretation, construction and as to how a provision, clause or a condition of a tender document has to be construed
Interpretation, construction and as to how a provision, clause or a condition of a tender document has to be construed
Tender - Interpretation, construction and as to how a provision, clause or a condition of a tender document has to be construed is primarily the domain of the author of such document - For none else is better positioned and equipped than such authority itself in understanding the tender document’s requirements, as also the purport and intent of its terms and conditions.
2021 PLRonline 011 (2021-1) PLR 825 M/S. A.G. CONSTRUCTION CO. v. FOOD CORPORATION OF INDIA
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