ARTICLE
14 August 2024

Guidelines Regarding Descoping Of Construction Of Wayside Amenities From Scope Of Road Contractors And Adherence To Approved Layout Plans

J
JSA

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JSA is a leading national law firm in India with over 400 professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai and New Delhi. Our practice is organised along service lines and sector specialisation that provides legal services to top Indian corporates, Fortune 500 companies, multinational banks and financial institutions, governmental and statutory authorities and multilateral and bilateral institutions.
On March 11, 2022, NHAI issued Standard Operating Procedure ("SOP") regarding development of Wayside Amenities ("WSA") along the national highways and expressways for award of wayside amenities.
India Transport
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On March 11, 2022, NHAI issued Standard Operating Procedure ("SOP") regarding development of Wayside Amenities ("WSA") along the national highways and expressways for award of wayside amenities. Thereafter, on July 5, 2023, a policy circular was issued for descoping of construction of WSA from the scope of road contractors. However, owing to the nonavailability of WSA drawings which specifies the exact specification/plinth area in the concession/contract agreement, certain difficulties were being faced by the field officers in calculating the cost of WSA to be descoped from the concession/contract agreement.

Accordingly, NHAI devised a mechanism under its policy circular dated June 11, 2024, which implements the calculating cost for descoping/withdrawal of construction of WSA in compliance with the relevant clauses of the concession/contract agreement. The mechanism and costing for descoping of WSA work for different modes of contract, i.e., EPC contract, HAM, BOT (Toll)/BOT(Annuity) is also laid down under the said policy circular.

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