Construction Law/termination

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Question
QUESTION: The subcontractor are not getting paid by the main contractor because the employer is not issung payment for whatever reasons.

The subcontractor is using clause 16 of fidic 99 to terminate his contract with the main contractor.

What recourse does the main contractor has towards the employer?

what is the solution to that.

Regards

soomun

ANSWER: Dear Soomun
Hello!
Please clarify the details for which type of solution you need.

With due regards

SANJAY KHANDELWAL

---------- FOLLOW-UP ----------

QUESTION: Dear Sanjay

What is the consequences according to FIDIC 99 when a nominated subcontractor terminate his contract with the main contractor.

what is the risk for the contractor? and how the Employer will pay?

Regards

Answer
Dear Soomun
Hello!
You are welcome with clarification. I am trying my best to reply to your satisfaction. If nominated contractor terminate his contract with main contractor then contractor contractor can raise the objection for employment of nominated subcontractor to the Engineer under clause 5.2.
An objection shall be reasonable and Employer agrees in writing to indemnify the contractor against and from the consequences of the matter, then contractor can employ a nominated subcontractor against whom the contractor raises reasonable objections.
I hope this will clarify the matter.
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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