Construction Law/Subcontract

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Question
Dear Sir,
We are about to enter into a subcontract for road construction with the main subcontractor from Europe. As you are aware subcontracts are all drawn up one-sidedly leaving not enough room for the subcontractor to take actions against the contractor. And the Subcontract we have been offered to sign seems to me as butchered contract from which important clauses for the benefit of the subcontractor are omitted. Thus my attention is what are the main clauses the Subcontractor shall draw it attention, I can say protecting clauses. Are there any FIDIC subcontracts we can utilize or look at? We are little experienced in this area.
Your help is appreciated.

Answer
Dear Qalandar
Hello
In FIDIC 1999 red book ;there are clauses to appoint a subcontractor, sub clause 4.4 and 4.5 you can refer to participate in subcontract. For the nominated subcontractor you can refer clause 5 of the FIDIC 1999 RED BOOK.
I hope you will get reply of your queries in details.
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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