No Claim Certificate/Discharge certificate or Supplementary Agreement must be protested at the earliest available opportunity.
In construction arbitration disputes, one of the most commonly argued issues is the effect of a No Claim Certificate / discharge certificate or a supplementary agreement . Usually, during the performance of the contract, the contractor signs a no-claim certificate/discharge certificate or a supplementary agreement (as the case may be) acknowledging the works done, the payment received, and agreeing that the contractor will forgo its right to claim further damages against the employer under law. However, when the contractor subsequently for any other reasons raises additional claims against the employer and refers its dispute to arbitration, the employer contends that the contractor's claims are not maintainable in light of the no-claim certificate/discharge certificate or supplementary agreement executed. The contractor to substantiate its claims and damages raises the plea that the certificate/agreement was executed under financial duress, coercion, and pressure from the employ...