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Can we win the Arbitration

VirginiaConstruction Contract

Good day Sirs, My company entered into a sub-contract with the main contractor on back to back basis. The scope of work involved construction of about 100 small and big industrial buildings spread over a distance of about 200 K. M. The basic drawings were to be provided by the contractor. Our scope was to design these buildings including Structural design. The contractor was to provide the requisite inputs of its electrical and mechanical Equipments to be installed in these buildings so that the final drawings can be submitted by us. The contractor also has to provide us the encimbrance free construction sites for us to do the topographic and geotechnical surveys needed for completion of our design. The contractor was to get the same from the Employer. We submitted all the required Preliminary Drawings for approvals to start final design and got some of the Preliminary drawings approved by the contractor which changed the approved drawings thrice. The contractor failed to provide us the encumbrance free sites for us to start any survey work and couldn’t provide us the inputs required for finalisation of our design When we submitted our claim the contractor terminated our contract on the basis of nonperformance and encashed our Bank Guarantees. On the other side the contractor has filed an Arbitration with the employer on the same grounds of delays which we were pressing and claimed a huge amount from the Employer. We are now in the Arbitration process with the contractor and besides all the genuin delays have also submitted the Arbitration records of the Contractor with the employer. The Emploer had earlier agreed that there was a delay of 192 days against the claimed 448 days by the Contractor. The time of the completion was 18 months for us. What is the chance for us to win this Arbitration battle? Thanks and regards. C S Saxena +919999669111 cssaxena1951@gmail.com

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