(h) He submitted that the award for a sum of Rs.10,07,23,370/-, with regard to Claim No.3 for the revised rate for the quantity of work executed beyond the O.C.P. is highly excessive. It is submitted that the first Respondent/Claimant has been paid price escalation, in terms of sub-clause 70.3 of COPA and any fluctuation in the market are to be absorbed by this provision and the parties having accepted the revised construction programme and bill of quantities and when the period is extended on the grounds, as provided for, in the contract, the revision of rate of any item, at any time, till the completion of work will not be permitted under the terms of the contract. Further, it is submitted that there is no provision in the original contract for revising any item rate, when the same is executed beyond the original contract period, all variations referred to in clause 51 of COPA and any addition to the contract price required to be determined pursuant to clause 52.2 of COPA, which states that items accounting for change of amount more than 2% of the contract price and the actual quantity of work executed exceeds or falls short of 25% of the BOQ, the rates will have to be varied. The learned Additional Advocate General referred to the letter given by the first Respondent/Claimant dated 12.02.2009, wherein the first Respondent/Claimant has accepted the fact that rate, as per analysis, works out to Rs.482.50 considering the actual site condition, such as lead, cost of borrow areas, use rate of equipments and price of petroleum products, as prevailed at the time of offer of bid, and the rate is higher than BOQ rate. However, as per the conditions of the contract, since the first Respondent/Claimant had not given notice till the specified time, they were not entitled to claim this rate or price or extra payment at this distance of time.
