Contractors Guide to Simple Legal Process - Part 1 - Overview of the Three Pillars of Law

Theme: Legal Framework, Module: Law & Contracts

Author: Dr. Pradeep Reddy Sarvareddy

Published Date: 29 Jan 2026

This series explores the legal process in 5 parts.  Let us begin with Part 1: The Overview.

Contractors are not expected to be lawyers but understanding the legal process can help a Contractor prepare evidence, strengthen his own case and also take appropriate steps at the correct time.  Remember that ignorance of law is not a defence.  So, understand the law which will help your money, time, effort and reputation.  This series of 5 parts is a simple guide explaining the law as three practical pillars, i.e., preliminary legal aspects, procedural law and substantive law.  I have used analogies that are familiar to construction industry.  I hope that this series of Articles will help you understand how cases are won or lost, and what it means by merits or technicalities, and some other legal terms.

Expecting Contractors to be knowledgeable in Law is difficult.  But we must recollect the maxim “Ignorance of Law is not a defence”.  So, a Contractor must know Law or at least the concept of Law so that a Contractor makes a learned decision.  This process is useful for pretty much every person involved in Court cases.

The Law is of two Types: Procedural Law and Substantive Law.  Further, there are many other Rules and procedures involved in Court cases.  There will be an overlap of several of these aspects, and it may not be necessary for a non-legal person to understand these aspects in depth.  So, let us consider a few analogies and try to understand these aspects.

In Construction, we can state the following three stages:

  * Design

  * Procurement

  * Construction

If a Project has to be completed at a low cost (without compromising on quality), all these three stages have to be considered.  So, we should ensure the following:

  * Design with value Engineering (i.e., optimal design but not over designed)

  * Procurement (highly negotiated prices with sufficient Credit time period)

  * Construction (high efficiency in operations and through Means & Methods)

Any prudent Contractor will focus on all these three stages and try to save money.  No one would say that they will focus only on the last part, i.e., the Construction, to save money.  Similarly, if the Legal Process can be trifurcated in this style, it would be easier for Contractors to understand.  Unfortunately, Law is not as cut and dry as Engineering.  But then, even Engineering is not always cut and dry.  Some situations may arise at the site, which may require re-design, re-procurement and re-construction. 

In the style of Engineering, I am explaining the Process of Law by the following trifurcation:

  * Preliminary Legal Aspects

  * Procedural Law

  * Substantive Law

For the purpose of analogy which could help us remember and understand, let us link Engineering and Law as follows:

  * Design = Preliminary Legal Aspects

  * Procurement = Procedural Law

  * Construction = Substantive Law

Again, I repeat that Law is not this cut and dry, and several aspects overlap.  But then, this is an oversimplified version purely for educational purposes only.  So, no harm in breaking the strict rules of learning.

Many Contractors are aware of two of these three Types of Law based on experience and intuition.  Consider the following example:  A Contractor receives a Notice terminating the Contract midway.  The Contractor then issues a Legal Notice to the Department.  Then, a Case is filed in the Court along with supporting documents and then the Contractor seeks money for losses due to Premature Termination.  Here, the Contractor considers the following process:

  * Contractor issuing a Legal Notice = Preliminary Legal Aspect

  * Court case filing and documentation = Procedural Law

  * Contractor seeking money for Losses = Substantive Law

Most Contractors can understand the Preliminary Legal Aspect and the Substantive Law, but the Procedural Law is elusive and complex to non-legal persons.  But then, Contractors depend on Advocates to help them through the Court process.  What the Contractor needs to understand is that in most situations, these Laws overlap and what is considered as one Type is actually a different Type.  Hence, Contractors may end up losing cases.  Court judgements contain terms like preliminary objections, entertaining some aspects, admission or denial of some other aspects, technicalities, merits, etc., which sounds like Greek and Latin (literally Latin sometimes) to most persons.  Understand the silent killer, i.e., the Procedural Law, and you could have more wins.

If you can win a case in the first stage, why do you want to spend more time and money in the second stage and the third stage?  If it is the other way around, and you are facing a case, how do you like to win the case at the first stage itself?  Sounds good.  This is what Law says.

Real-life examples:

  * A large case of several Crores of Rupees was dismissed by the Court because the Case was filed one day late.  Just One Day LATE. 

  * Another large case of several Crores of Rupees was dismissed by the Court because the Case was filed one day early.  Just One Day EARLY.

  * One case was dismissed because the Notice was sent to the Wrong Government Officer.

10 years of effort and money was wasted. 

One case was early and the other was late!  This stage generally requires professional legal understanding, but understand the concept.  So, let us dive in and understand these concepts in more detail.

For now, know this: A correct action done quietly and you could win cases without any noise and without entering Courts.

Continued in Part 2 of 5