Construction & Project Delivery Contracts

Overview

Construction and infrastructure projects in India operate under contractual arrangements that are among the most complex and consequential in commercial law — large contract values, long performance periods, multiple contracting tiers, and intense dispute risk at every stage from design through completion and defects liability. Corpus Juris Legal drafts and negotiates construction contracts for project owners, developers, EPC contractors, and sub-contractors across real estate, infrastructure, industrial, and energy sectors. Our drafting addresses the full project risk matrix: scope and specification ambiguity, delay and extension of time mechanisms, variation and change order procedures, milestone payment structures, performance security and bank guarantee arrangements, liquidated damages for delay and performance shortfall, force majeure and change in law provisions, defects liability and retention, and dispute resolution under Indian Arbitration and Conciliation Act 1996. For internationally tendered projects, we also work with FIDIC forms — Red Book, Yellow Book, and Silver Book — adapting standard conditions to Indian law and project-specific requirements. The intersection of construction contracts with the Real Estate (Regulation and Development) Act 2016 (RERA) for residential projects and the Prevention of Corruption Act for government works requires sector-specific drafting expertise.

Key Service Components

• ◆EPC and turnkey construction contract drafting and negotiation
• ◆FIDIC Red, Yellow and Silver Book adaptation for Indian projects
• ◆Sub-contractor and trade contract drafting
• ◆Milestone payment structure and payment certification design
• ◆Extension of time and delay damages mechanism drafting
• ◆Variation and change order procedure design
• ◆Performance bank guarantee and advance payment security drafting
• ◆Liquidated damages and performance shortfall penalty provisions
• ◆Force majeure and change in law clause drafting
• ◆Dispute resolution and expert determination clauses for construction disputes

Our Approach

Our construction contract drafting is informed by the disputes we have seen — the provisions that fail under stress are the ones we draft most carefully. We work with project teams and quantity surveyors to ensure that the legal document accurately reflects the commercial arrangement and that the dispute resolution mechanism is matched to the nature and scale of the project.

Other Contracts & Commercial Agreements Services