Construction Disputes

Representative Matters

• Various issues arising out of EPC Contract awarded by the Administracao Nacional De Estradas, Government of the Republic of Mozambique, for the Rehabilitation of Road N 280/N281 between Tica, Buzi and Nova Sofala in Sofala Province, Mozambique, and in such regard advising on Section 9 Petition before the Hon’ble Bombay High Court and ICC Arbitration being initiated against Administracao Nacional De Estradas, Government of the Republic of Mozambique. two execution proceedings for the enforcement of two arbitral awards (viz. AR-2 and AR-4) against Konkan Railway Corporation Limited, arising out of the Construction Contract awarded for the construction of Bridge Nos. 34, 38, 39, 40, 41, 42, 43, 53, 55, 56, 57, 58, 59, 85, 87 and 88 on Katra -Dharam Section of the Udhampur- Srinagar- Baramulla Rail Link Project. defending the challenge to the arbitral award (AR-2) initiated by Konkan Railway Corporation Limited in Section 34 proceedings before the Hon’ble Bombay High Court, arising out of the Construction Contract awarded for the construction of Bridge Nos. 34, 38, 39, 40, 41, 42, 43, 53, 55, 56, 57, 58, 59, 85, 87 and 88 on Katra -Dharam Section of the Udhampur- Srinagar- Baramulla Rail Link Project. various issues arising out of EPC Contract awarded by the Ministry of Road Transport and Bridges, Govt. of People Republic of Bangladesh, for the improvement of Ashuganj to Sarail (Ch. 73+240 km to 84+800 km) of Dhaka (Katchpur)- Bhairab- Jagadishpur- Shaistaganj- Sylhet Tamabil- Jaflong Highway (N-2) and Ashuganj River Port Connecting Road (Total Length 12.211km) as 4-Lane National Highway including all structures, earthworks, foundation etc. various issues arising out of EPC Contract awarded by the Ministry of Road Transport and Bridges, Govt. of People Republic of Bangladesh, for the improvement of Dharkhar to Sarail (Ch. 54+000 to Ch.81+054) of Cumilla (Moinamoti)-Brahmanbaria (Sarail) Highway (N-102) as 4 Lane National Highway including all Structures, Earthwork, Foundation etc. various issues arising out of various other EPC Contracts and Construction Contracts awarded for various projects in India and abroad, from time to time.
• Section 9 (for interim relief) and Section 11 proceedings (for appointment of arbitrator) before the Hon’ble Delhi High Court in respect of its claims of approximately ₹ 850 Crore under the MSAs against RCOM and Sistema. a commercial arbitration against Sistema for its claims under the MSA of approximately INR 150 Crore.
• Advised Cairn Energy India Pty Limited in representing in arbitration proceedings involving a dispute with Ministry of Petroleum and Natural Gas, Government of India with regard to interpretation of terms of a Production Sharing Contract, and certain claims raised by the MoPNG thereunder.
• Advised Canadian Solar and its SPV in various issues arising out of the EPC Contract awarded to a contractor for the implementation of a 35 MW solar power plant in the State of Karnataka and during such process, assisted in undertaking the mediation/ conciliation proceedings after the initiation of the arbitration proceedings and succeeded in reaching an amicable settlement.
• Advised Duro Felguera (contractor) in an arbitration proceeding against the employer in relation to a dispute in connection with the invocation of a corporate guarantee given by it for certain expansion works for a port project.
• Advised Felguera Gruas India in an arbitration proceeding against its sub-contractor in relation to disputes arising out of three contracts for providing on-shore services and (on-shore and imported) supplies for the coal conveyor package and stacker cum reclaimer for the Northern Coal Handling System at the Krishnapatnam Port.
• Advised an EPC contractor in arbitration proceedings against:
• National Highways Authority of India in relation to a dispute arising out of the project for the four-laning of a large section of the Kalka – Shimla highway in the State of Himachal Pradesh.
• National Highways Authority of India in relation to a dispute for a project for the two-laning with paved shoulders of the Lambia – Raipur section of National Highway 458 in the State of Rajasthan. its sub-contractor in a dispute arising out of a contract for the provision of civil works for conveyors, transfer towers and yard machines at a port in South India.
• Gangavaram Port Limited, which is responsible for the management and operation of the Gangavaram Port in Vishakapatnam, in a dispute relating to the development and expansion works at the Gangavaram Port.
• Advised Hindustan Construction Company in the arbitration proceedings initiated by: it, against Municipal Corporation of Greater Mumbai, in relation to the issues arising out of the Contract No. ARFC – 2 pertaining to “Construction of Tunnel from Maroshi to Ruparel College, Shafts and Allied Works”, and successfully assisted in obtaining an arbitral award for an amount of ₹ 116 Crore, on account of various prolongation costs related claims. it, against Union of India through Public Works Department, Delhi, in relation to the issues arising out of the Contract No. 04/EE/F-112/PWD/2014-15 for the “Corridor improvement of outer Ring Road from IIT to NH-8 & it influence area: Construction of (1) Flyover on portal structure Linking Existing Munirka Flyover in the East to the point beyond Army RR Hospital in the West on the Outer ring Road and (2) Underpass at junction of BF Marg and Inner Road. SH: C/o Elevated Road, Underpass, Ramp, Skywalk, RCC drain, Footpath, Cycle Track, widening/strengthening of road, rain-water, harvesting scheme, electrical works and other allied work”, and successfully assisted in obtaining an arbitral award for an amount of INR 55 Crore, on account of various idling costs and prolongation costs related claims.
• Middas Construction Company Limited, against it, in respect of the disputes arising out of the Sub-Construction Contract awarded for the carrying out of certain works pertaining to rehabilitation and up-gradation of Indo-Nepal Border to Rudhauali Sector (0+000 to 65+870) of National Highways-233, Utter Pradesh, 2 Lanes with paved shoulder on EPC mode in Kakarhawa, Rudhauali Town, Section of NH- 233, in the State of Utter Pradesh under the NHDP Phase-IV, for the claim amount of INR 125 Crore, and successfully defended the client from the sub-contractor’s claims in the arbitration proceedings.
• Vishal Associates, against it, in respect of the disputes arising out of the Sub-Construction Contract awarded for the carrying out of certain works pertaining to Widening of the existing two lanes to four lane including strengthening of existing two lanes of NH-34 from Km 193+000 to km 453+000” in Murshidabad & Maldah and Uttar Dinajpur districts in the state of West Bengal by NHAl under NHDP-III programme, and successfully defended the client from the sub-contractor’s claims in the arbitration proceedings.
• Bharat Heavy Electricals Limited, against it, in respect of the disputes arising out of the Electrical and Mechanical Works Contract awarded for the carrying out of certain E&M Works in 3 X 110 MW Kishanganga Hydro-Electric Project, for a claim amount of INR 100 Crore and € 1169 Thousand.
• It, against Director General Naval Projects, in relation to the certain issues arising out of the Contract No. DGNP (MB)/01 OF 2009-10 dated March 31, 2010 for ‘Reconstruction of Dry Dock and associated North and South Wharves at Naval Dockyard, Mumbai’.
• Advised IL&FS Paradip Water Private Limited in arbitration proceedings involving a dispute with Indian Oil Corporation Limited with regard to issues related to laying of water pipeline from Mahanadi to Paradip for Paradip refinery.
• Acted for KEC International Limited in a commercial arbitration against Hero Group involving claims of approximately 100 crores.
• Acted for Neyveli Lignite Corporation in an international commercial arbitration against Ansaldo involving a claim of INR 550 crores (GBP 59 million approx.).
• Represented NHPC Limited (erstwhile National Hydroelectric Power Corporation Limited) in: two arbitration proceedings related to a dispute with M/s Patel SEW (JV) over the construction of Civil and Hydro Mechanical Works for Diversion Dam and Part Head Race Tunnel of the Parbati Hydroelectric Project. relation to the disputes that arose between NHPC Limited and M/s Larsen & Toubro Limited. Section 34 Petition against M/s BGS-SGS-SOMA JV challenging the Arbitral Award worth INR 650 Crore. disputes with Gammon Engineers and Contractors Limited in Parbati Hydroelectric Project.
• Acted for PSI Incontrol SDN BHD, a Malaysian MNC, in an international commercial arbitration for its claims against Urban Transit Private Limited under a contract pertaining to the Mumbai Monorail Project, including proceedings for appointment of arbitrator before the Supreme Court and Section 29A proceedings seeking extension of tribunal’s mandate before the Bombay High Court.
• Advised Punj Lloyd in arbitration proceedings involving dispute with ONGC regarding setting up an oil rig at Bombay High. The dispute involved various claims arising out of complicated issues related to constructions, fabrication and installation of various component of rig at high sea.
• Acted for Schlumberger Asia Services Limited in an international commercial arbitration against Oil India Limited for its claims of approximately USD 800,000 arising under a contract for directional drilling and allied services in the states of Assam and Arunachal Pradesh.
• Advised Second Vivekananda Bridge Tollway Company Private Limited in successfully resisting proceedings filed by the EPC Contractor (a premier construction Company of India dealing with infrastructural projects) against our Client before the Calcutta High Court under Section 9 and 11 of the Indian Arbitration & Conciliation Act, 1996 seeking interim injunctive relief and appointment of Arbitrator respectively.
• Advised Sterling Wilson in relation to various issues and disputes arising out of:
• Composite EPC Contract awarded to it by Eden Renewable Cite Private Limited, for the development of Solar Power Generation System at Village Lakhasar, Tehsil Pokhran, Jaisalmer, Rajasthan, for the capacity of 300 MWAC/ 450 MWDC.
• Development Contract entered with Balance Power Limited, United Kingdom, for the development of various renewable energy projects in United Kingdom and at mutually agreed places in Europe.
• Composite EPC Contract awarded to it by Columboola Solar Farm Nominees Pty Ltd, Australia, for the development of a 162 MWAC (202.5 MWp) solar farm along with associated 33/132 kV substation, at Columboola, Queensland, Australia.
• Advised The Tata Power Company Limited in relation to the various issues and the disputes arising out of the contract awarded to Solus Security Systems Private Limited for the “Supply of software command and control system along with integration”.
• Advised Triune Energy Services Private Limited in a domestic arbitration over an Engineering, Procurement and Management Consultancy (EPMC) Contract against a state- owned oil & gas production company. The Firm has also successfully represented the Client before the High Court of Delhi in a petition under Section 11 of the Arbitration and Conciliation Act, 1996, for the appointment of a sole arbitrator.
• Advised United Conveyor Corporation in an arbitration proceeding in relation to disputes arising out of an EPC contract between United Conveyor Corporation and Damodar Valley Corporation in relation to defaults by Damodar Valley Corporation.
• Advised the concessionaire in an arbitration proceeding against the Maharashtra State Road Development Corporation in relation to the termination of a contract for the construction and operation of a road in Maharashtra.
• Advised ArcelorMittal Nippon Steel Group in relation to: drafting the Supply and Construction Services Contract for construction works of blast furnace including engineering, rendering Site assistance for Industrial Commissioning at Hazira, Gujarat. The Firm also assisted in negotiating and finalising the Supply and Construction Services with Larsen and Toubro Limited (L&T). drafting the Construction and Supply Contract with respect to designing, engineering, supply and construction of 6.0 MPTA Iron Ore Slurry Preparation Plant, Sagasahi Mines, Odisha. The Firm also assisted in negotiating and finalising the Construction and Supply Contract with Larsen and Toubro Limited (L&T). drafting the Construction and Supply Contract for complete civil and structural works, mechanical works, design, engineering with respect to the Steel Melting facility at Hazira. The Firm also assisted in negotiating and finalizing the Construction and Supply Contract with Larsen and Toubro Limited (L&T). drafting the Construction Contract with respect to the civil and structural works for HSM 2 Project. The Firm also assisted in negotiating and finalising the Construction Contract with Tata Projects Limited. drafting the Construction Contract for the purposes of the upgradation of the existing facilities and installation of the new facilities, at its existing manufacturing facility i.e., an integrated steel plant at Hazira, Gujarat. The Firm also assisted in negotiating and finalising the Construction Contract with Bhilai Engineering Corporation Limited. drafting the Construction Contract for the purposes of the carrying out of Piling & Civil Works for CGL#3, PLTCM & CGAL, at its existing manufacturing facility i.e., an integrated steel plant at Hazira, Gujarat. The Firm also assisted in negotiating and finalising the Construction Contract with Shapoorji Pallonji and Company Private Limited, and drafting the Construction Contract for the purposes of the development of sinters facility, at its existing manufacturing facility i.e., an integrated steel plant at Hazira, Gujarat. The Firm also assisted in negotiating and finalizing the Construction Contract with Simens Limited.
• Advised Amplus Energy Solutions Private Limited in relation to: drafting and finalization of Construction Contract for the implementation of the additional capacity for the existing projects, Supply Contracts and Operations and Maintenance Contract for the operations and maintenance of the two solar power projects in Pavagada Solar Park, Karnataka, India.
• Veera Solar Power Project, assisting with setting up structuring of land lease related issues, drafting of the Civil Construction Contract, Supply Contract for the supply of solar panels and related equipment and all other aspects concerning the 100 MW Veera Solar Power Project.
• Advised Assystem Energy & Infrastructure (Juridique Groupe), a France located nuclear energy-based company (through Pinsent Masons) in the structuring for its proposed investment in India, structuring of the project documents that it would enter into with Indian Contractor (Reliance Infrastructure Limited), drafting and negotiating the term sheet/ heads of terms for the project contracts including construction contract, in relation to the implementation and development of the proposed 9900 MW Jaitapur nuclear power project at Madban village of Ratnagiri district in Maharashtra and in such regard advising on all aspects of its concern.
• Advised Autostrade per l’Italia in relation to potential issues arising out of tenders, including the concession agreement issued by NHAI to widen and strengthen various stretches of India’s national highways and structuring options for the projects and on underlying engineering and construction contracts.
• Advised an Indian entity associated with Andrew LLC (an infrastructure solutions provider for cellular communication networks) on various issues pertaining to expansion of its existing factory in Goa and in relation to its bids for certain projects in India. Scope of work included drafting and/or advising on inter alia consultancy services agreements, civil works agreements, supply and erection contracts, advise on conditions of contract in bid documents etc.
• Advised Bollore Africa Logistics and Dakshin Bharat Gateway Terminal Private Limited in relation to a construction contract based on the FIDIC Redbook for the development of a container terminal on a BOT basis at the V.O Chidambaranar Port Trust.
• Advised the British School Society in relation to the conditions of contract in the request for proposal being formulated for inviting bids in relation to expansion of the school’s existing campus in New Delhi, India. The contracts for various components of the project (civil works, electrical works, HVAC etc.) were to be awarded to different entities, with the project manager being responsible for overall coordination of the works.
• Advised Camlin Fine Sciences Limited in relation to drafting and finalisation of the Construction Contract with the contractor (Praj Industries Limited) for the setting-up of a Process Plant for processing 3000 TPA Crude SODD Processing and related documents thereof and in such regard attending meetings and negotiations with the parties.
• Advised CIDCO Limited (Navi Mumbai International Airport Project) in respect of the designing, building, financing, operation and management of the Navi Mumbai International Airport, assisting in the evaluation of bids at Request for Qualification stage and Request for Proposal stage, drafting and finalization of the Request for Proposal, Concession Agreement, CNS-ATM Agreement (with Airports Authority of India), State Support Agreement (with Government of India), State Government Support Agreement (with Government of Maharashtra), Non-Disclosure Agreement, Novation Contract, Shareholders’ Agreement and other related Project Agreements, advising on various legal issues raised from time to time arisen during such drafting and finalization of these documents, attending meetings with the Authority, other Government Instrumentalities, bidders, Preferred Bidder and Concessionaire, etc. and advising on day-to-day Project implementation related issues faced by the Authority and the Concessionaire, and further commenting on the EPC Contract, Civil Construction Contract andother project contracts provided by the Concessionaire for the purposes of the implementation of the Project.
• Advised Changi Airport Managers and Partners, in tying up on the EPC contract with Larsen & Toubro, in connection with the bidding for the development of the Delhi Airport.
• Advised Coastal Gujarat Power Limited (a wholly owned subsidiary of Tata Power Company Limited) in relation to the development of 5 X 800 MW of thermal power project in Mundra District, Gujarat, advising on various aspects of the Project development including Power Purchase Agreements, Construction Contracts, Supply Contracts, Fuel Supply Agreement, Fuel Transportation Agreement, land acquisition related issues, financing documents, Sea Water Intake and Outfall Channel Contract and various other contracts and documents in relation to the project and in such regard also advised on the issues arising in respect of the land acquired under the Land Acquisition Act, 1894 and local laws prevalent in the State of Gujarat.
• Advised Delhi Airport Metro Express Private Limited (a wholly owned subsidiary of Reliance Infrastructure Limited) in relation to issues arising out of the Concession Agreement in the operations, maintenance and management of the project and the Financing Documents on the issues arising thereunder, along with the Construction Contract awarded by DMRC to the Civil Contractor.
• Advised Festo AG, a German company, in relation to the contracts for the various packages (civil works, electrical works etc.) for the construction of its factory in Pune.
• Advised Fomento Resources Private Limited in relation to drafting, negotiation and finalisation of the Construction Contract with Shapoorji Pallonji and Company Private Limited, for the purposes of the development of a world class 5-star luxurious hotel with a built-up area of 487,168 square feet along with the related facilities at Dona Paula, Goa.
• Advised IL&FS Tamil Nadu Power Company Limited in relation to the development, operations and maintenance of 2 X 600 MW of thermal power project in Cuddalore District, Tamil Nadu, advising on drafting, negotiating and finalizing the renegotiation and amendments of the Construction Contracts, Supply Contracts, EPC Contracts (for BOS) and Fuel Supply Contracts with international Fuel Suppliers, Operations & Maintenance Contracts, Railway Siding Contract, amendments to Contract of Affrieghtment, Cargo Handling Contract, Conveyor Facility Contract (on BOOT basis), etc. and in such regard also advised on the issues arising in respect of the land acquired under the Land Acquisition Act, 1894 and local laws prevalent in the State of Tamil Nadu.
• Advised Infraco Asia / Kabeli Energy Limited in relation to the development of a peaking run-of-river hydropower plant of total installed capacity of 37.6 MW (2 X 18.8 MW) on the Kabeli River in Taplejung and Panchthar District in the Eastern Development Region of Nepal, advising on the drafting and finalisation of the Civil Construction Contract (based on FIDIC – Red Book), Hydro-mechanical Works Contract and Electro-mechanical Works Contract.
• Advised a GMR Group entity in relation to the: contract documentation for certain electro-mechanical works related to the development of a 180 MW hydro power project in the State of Himachal Pradesh. contract documentation for the engineering, procurement and construction of a 1050 MW (later enhanced to 1400 MW) thermal power plant in the State of Odisha. The Firm advised the project sponsor on all construction related aspects (including drafting and negotiating with the China-based contractor). development of a 388.5 MW gas based power project set up at Vemagiri, Andhra Pradesh, on a BOO basis. The Firm was involved in the drafting and negotiation of the EPC contract and also drafted the O&M contract for the project.
• Advised a Hindustan Construction Company group entity in relation to the: four laning of roads of approximately 98 kilometres in the State of Maharashtra. The Firm was involved in the drafting and negotiating the EPC contract.
• EPC contracts and ancillary agreements for three projects in the State of West Bengal, comprising the four-laning of a 101 km. (approx) stretch, a 103 km. (approx) stretch and a 49 km. (approx) stretch of certain national highways.
• Advising MeadWestvaco in relation to the construction contracts for a captive cogeneration plant in Vapi, in the State of Gujarat, for supply of power to certain manufacturing facilities of MeadWestvaco in India.
• Advised Mumbai Metro One Private Limited (a wholly owned subsidiary of Reliance Infrastructure Limited) in relation to issues arising out of the Concession Agreement and other Project Documents in respect of the implementation of the project, and drafting, negotiating and finalising various project related contracts and documents including the Construction Contract, E&M Contract, Supply Contract, etc
• Advised the National Council of Applied Economic Research, through the Planning Commission, Government of India, in relation to developing a model EPC agreement for development and maintenance of highways.
• Advised Noida Toll Bridge Company Limited on setting up the first ever private sector toll-bridge project in India on BOT basis. The Firm advised the client in relation to the EPC contract, concession agreement, the state support agreement, the loan agreement, and other contract documentation for the Noida Toll Bridge Project.
• Advised erstwhile Perot TSI, a global business process solutions provider, on the construction of a commercial complex in a Special Economic Zone in the State of Tamil Nadu. The Firm was involved in drafting the construction agreement for the project and advised the client on related construction law aspects.
• Advised Powerica Ltd. in relation to the development of a 16 MW wind farm in the State of Tamil Nadu. The Firm was involved in the drafting and negotiation of the supply and erection agreements, commissioning agreement, O&M contracts and advising on related Indian law aspects.
• Advised Rays Power Infra Private Limited in relation to drafting and finalisation of the Construction Contract (based on FIDIC – Yellow Book) and Supply Contract with the Employer (Phu Yen Europlast Solar Power Joint Stock Company) for the implementation of a 40.8 MWAC solar power project and other related infrastructure for the evacuation of power, at Vietnam, and in such regard attending meetings and negotiations with the parties and the counter-parties.
• Advised Reliance Sealink One Private Limited (a wholly owned subsidiary of Reliance Infrastructure Limited) in relation to the development of WFSL Phase-IIA of the Sealink Project, advised on drafting and negotiating the Construction Contract and Operations, Maintenance & Management Contract, in respect of the construction of second phase of sea link between Worli and Haji Ali, and operation, maintenance and management of Bandra Worli Sea Link respectively and advising on the issues pertaining to the termination of the Concession Agreement. four-laning of roads of approximately 35 kilometres in the State of Andhra Pradesh. The Firm was involved in drafting and negotiating the EPC Contract and the EPC Sub-Contract. The Firm was also involved in the drafting of the Project Management Consultancy Agreement. four-laning of roads of approximately 97 kilometres in the State of Karnataka. The Firm was involved in drafting and negotiating the EPC Contract and the EPC Sub-Contract. certain construction sub-contracts pertaining to rehabilitation, upgradation to two-laning and maintenance of certain highways and ring roads in the States of Madhya Pradesh and Maharashtra. drafting and negotiating the EPC Contracts and the EPC Sub-Contracts for Civil Works and IT Works, for the modernization and computerization of integrated border check posts at 22 locations in the State of Maharashtra on build, operate, transfer basis.
• Advised Sesa Goa in connection with a proposed mining by-pass road project in Goa. The Firm was involved in the negotiating and drafting the transaction documents and also advised the client on certain land and environment related issues.
• Advised in connection with the conversion of existing rail line into broad gauge and construction of a new broad-gauge railway line from Rajula City Station up to the boundary limits of the Port of Pipavav in Gujarat on a BOOT basis. Reviewed the Construction Agreement, Operation & Maintenance Agreement and other project documents.
• Advised Techint – Compagnia Tecnica Internazionale S.p.A., which has a global presence in the construction sector, on certain issues related to a bid for expansion of a LNG regasification project in the State of Gujarat.
• Advised Tishman Speyer in relation to construction of an office complex of an area of more than 2 million sq. ft. in an Information Technology (IT)/ IT enabled Services Special Economic Zone in Andhra Pradesh. The Firm drafted the construction contract for the project and was also involved in negotiations with the contractor. Further, the Firm was involved in revision of the client’s architectural/ consultancy services contracts templates, for use in the developer’s real estate ventures in India.
• Advised Toshiba JSW Power Systems Private Limited in relation to the 1 X 660 MW Thermal Power Project, Harduaganj Extension- II, Uttar Pradesh, assisted in the drafting and finalization of the various package contracts namely Supply Contracts (both Onshore and Offshore), Services Contracts (both Onshore and Offshore), Works & Services Contract, Construction Contract, Wrap Contract, advising on various legal issues raised from time to time arisen during such drafting and finalization of these documents, attending meetings, etc.
• Advised Consortium of TRIL Urban Transport Private Limited and Siemens Project Ventures GmbH in relation to providing bid advisory in relation to the tender for the award of the concession for the Pune Metro Line III of the Pune Rail Metro Project on DBFOT basis by Pune Metropolitan Region Development Authority and in such regard reviewed the Request for Proposal and Concession Agreement and provided list of issues and concerns to be raised with the Authority including but not limited to the issues arising in relation to land/ right of way under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and local land laws applicable in the State of Maharashtra, drafting, negotiating and finalising the heads of terms for the Civil Works Contract, E&M Contract, Operations Contract, and advising on various related aspects concerning the Project.
• Advised United Technologies Corporation India in connection with a contract for construction of a training centre building in the State of Andhra Pradesh.
• Advised Veolia, a French company, in connection with its bid for an urban water supply project being developed on a PPP basis in the State of Maharashtra, India. Scope of work includes advising in relation to the construction documents pertaining to the project and other bid documents.