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We did work for a Company 2 months ago(we where their sub) have have not gotten paid. They said that they hadn't got paid from who they worked for. I thought that in the sate of VA the sub got paid regardless of the Company getting paid.
Dear Virginia,
Thank you for your question and apologise for my late reply.
It is a shame to hear about the problems you are facing, but I believe you should go back to the sub-contracting agreement you signed.
I am not aware what VA stands for, nor if that brings an additional information, but the answer should be indeed in that agreement.
I assume there are two possibilities:
A. you are paid for whatever work you carry out, providing it's approved in terms of quality,
B. your contract contains a "mutatis mutandis" clause, which transfer in your agreement, all clauses/responsibilities in the main contract. Respectively, you are only paid when the main Contractor is paid.
If the latter applicable, suggest if they are not getting an advance payment, which you may benefit of too.
Hope you will sort that out, good luck!
Florin NICULESCU
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Florin NICULESCU
Expertise
Question related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.
Experience
Some 15 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes.
Organizations
-1.
Fellow of Romanian Professional Association of Roads and Bridges;
Fellow of Romanian Inter-Ministerial Council for Road Safety
Fellow of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com
Currently supporting establishment of Global Road Safety Partnership Romania
Fellow of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r
Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914
Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com
Education/Credentials
- Graduate in 1994 the Construction Institute
- Graduate of several FIDIC,Procurement and other courses
- Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html)
Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Development, Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey and Croatia
- Numerous Western based private consultancy companies
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