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Construction Law/subcontractor information

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Question
hello sir.i m from haryana .and my company is work in civil work from 1999.but i want  to work as subcontractor with the leading construction company.what should be the qualification of a subcontractior.company must be regestered or not?tin no.?.my company is working with other in earthmoving work but we never did work with a leading company.my company is not regestered in legal ministry of india.i will be great thankful you sir .if u provide me info about subcontractor.it will be so useful to me.

Answer
Dear John
Hello
I am sorry to reply your question.I am replying your question. Your company is not registered as per company law of the country.First of all you get registered your company and get the PAN, TIN and other formalities are required with the help of company secretary practioner .You wants to work as subcontractor with leading construction company.There are two options to work with leading construction company.
1.If the company is working with Bespoke contract then you will get the work with your work qualification and turn over of your company.
2. If the company is working with Govt.or semi Govt. organisation then work should be subletted with the condition of main contract after due permission of the client.

The Contractor shall not subcontract the whole of the Works.
The Contractor shall be responsible for the acts or defaults of any Subcontractor, his agents or employees, as if they were the acts or defaults of the Contractor. Unless otherwise stated in the Particular Conditions:
(a) the Contractor shall not be required to obtain consent to suppliers solely of Materials, or to a subcontract for which the Subcontractor is named in the Contract
(b)  the prior consent of the Engineer shall be obtained to other proposed Subcontractors;
(c)  the Contractor shall give the Engineer not less than 28 days’ notice of the intended date of the commencement of each Subcontractor’s work, and of the commencement of such work on the Site; and
(d) each subcontract shall include provisions which would entitle the Employer to require the subcontract to be assigned to the Employer under assignment of Benefit of Subcontract (if or when applicable) or in the event of termination under condition of contract.
The Contractor shall ensure that the requirements imposed on the Contractor  apply equally to each Subcontractor.

Where practicable, the Contractor shall give fair and reasonable opportunity for contractors from the Country to be appointed as Subcontractors.
I hope this will help you to under stand the opportunities are under subcontract.
With due regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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