Agreement in writing is mandatory to allege waiver of right u/s 12(5) of A&C Act

A K Builders Vs Delhi State Industrial Infrastructure Development Corporation Ltd (Delhi High Court) Conduct cannot impliedly waive the rights under Section 12(5) of the A&C Act. The waiver under Section 12(5) of the A&C Act has to be by an express agreement in writing. Facts- The respondent awarded a contract to the Petitioner by a Letter of Award. It was stipulated that the work would be executed on or before 15.12.2013. The petitioner claims that the work was completed on 30.03.2015. Certain disputes have arisen between the parties in connection with the Contract in question and the...