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Construction and EPC contract advisory for India projects

EPC and BOT contract drafting, FIDIC adaptation for Indian law, delay and disruption claim management, construction arbitration and infrastructure project legal advisory.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
EPC
Contract Drafting
FIDIC
India Adaptation
Claims
Delay & Disruption
10
Offices
01

Construction and EPC contract architecture

  • EPC (Engineering, Procurement and Construction) contract: scope, price, programme, variation, payment and risk allocation.
  • FIDIC Red Book, Yellow Book and Silver Book adaptation for Indian law: governing law, dispute resolution and statutory compliance.
  • BOT, BOOT, DBFOT and HAM (Hybrid Annuity Model) concession agreement structuring.
  • Sub contracting framework, back to back terms and supply chain risk allocation.
02

Delay, disruption and claims management

  • Extension of time (EOT) claims: notice requirements, concurrent delay analysis and programme updates.
  • Disruption claims: productivity loss measurement and cost substantiation.
  • Variation and change order management: valuation methods and dispute escalation.
  • Liquidated damages, cap on liability, indemnity and insurance provisions.
03

Construction dispute resolution

  • Dispute Adjudication Board (DAB) and Dispute Review Board (DRB) under FIDIC.
  • Arbitration under Indian Arbitration Act: institutional (MCIA, SIAC) and ad hoc (including ICC).
  • Interim protection: court injunctions, attachment before judgment and Section 9 measures.
  • Expert determination and mediation for technical disputes.
04

How AMLEGALS assists

  • EPC and construction contract drafting and negotiation.
  • FIDIC and bespoke contract review and Indian law adaptation.
  • Claims preparation, quantum analysis and arbitration representation.
  • Infrastructure concession agreement advisory for PPP projects.
Answers

What clients ask before they commit.

Short, direct, on the record.

01What is the standard form of construction contract used in India?

India does not mandate a single standard form. FIDIC forms are widely used in international projects. Government projects often use CPWD General Conditions of Contract, NHAI model concession agreements, or MoRTH specifications. Private sector projects increasingly use FIDIC or bespoke contracts.

02How are delay claims handled in Indian construction contracts?

Delay claims require timely notice (as per contract), demonstration of entitlement, causation analysis (critical path method or similar), extension of time documentation and cost substantiation. Indian courts and arbitral tribunals apply the contract terms strictly on notice and substantiation requirements.

03Can a contractor claim for force majeure in India?

Yes, if the contract includes a force majeure clause. The scope depends on the contractual definition. Indian law does not have a statutory force majeure doctrine for commercial contracts (unlike the Indian Contract Act Section 56 on frustration, which is narrower). Covid 19 era jurisprudence has clarified the distinction.

04What dispute resolution mechanism is recommended for large construction projects?

For large infrastructure projects, a tiered mechanism is recommended: engineer or project manager determination, followed by DAB/DRB, then mediation and finally arbitration. Institutional arbitration (MCIA, SIAC or ICC) provides procedural certainty. Court litigation is generally avoided due to timeline uncertainties.

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