preceding reasoning by the learned Arbitrators that the minutes of the meeting dated December 03, 2003 only show that Prakash has agreed not to claim the viaduct as a new item and that for items exceeding in quantity by more than 25% from the bill of quantity they would be entitled to price variation is a correct reading of the minutes of the meeting, contents whereof we have reproduced in paragraph 10 above. In this context it assumes importance that the viaduct is an elevated road. On pillars and piers RCC slabs are cast akin to the kind which we see along the metro rail line above the ground. The drawing provided with the tender documents shows that along the segment of the road there were three intersections, with road cutting across, requiring flyovers to be constructed at the three intersections. Thus, for the viaduct the contract had similar items of work to be executed and thus the learned Arbitrators have correctly held that for these items of work, for variations beyond the prescribed limit Prakash would be entitled to price adjustment at varied rates. 15. The second issue of difference between NHAI and Prakash was concerning construction of Reinforced Earth Structures. On the basis that Prakash had used polymeric materials and not simple metallic strips (for purpose of reinforcement of the earth structures) it would be entitled to an extra sum was the claim by Prakash. 16. As noted by us above, clause 703(A) of the Technical Specifications described the work in question i.e Reinforced Earth Structures, with further elaboration (detailing the materials to be used) in item No.5.41 of the Bill of Quantities, which we have already reproduced hereinabove in paragraph 4 above. Argument of Prakash was that the details of the material to be used at item No.5.41 of the Bill of Quantities did not make any reference to polymeric materials and that the general practice in the trade was to use simple metallic strips. NHAI argued before the Arbitral Tribunal that para (a) of item No.5.41 made a reference to „reinforcing element‟ . NHAI further pleaded that clause 703(A) of the Technical Specifications in the original tender, having the words „high adherence galvanized steel strips ’, was replaced vide addendum letter dated March 15, 2001 with the words
